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Dupage Policy Journal

Monday, November 4, 2024

Mendrick: ‘HB 5471 is a clear violation of the 2nd Amendment to the US Constitution’

Jamesmendrick

Sheriff James Mendrick | DuPageCountySheriff/Twitter

Sheriff James Mendrick | DuPageCountySheriff/Twitter

DuPage County Sheriff Jim Mendrick said his agency will not be enforcing sweeping gun control legislation signed into law by Gov. J.B. Pritzker last week.

“As your Sheriff, I wanted to give the citizens of DuPage County an update on the recent passage of HB 5471, also known as the Protect Illinois Communities Act,” Mendrick said in a press release. “As your duly elected Sheriff, my job and my office are sworn, in fact, to protect the citizens of DuPage County. This is a job and responsibility that I take with the utmost seriousness.” 

Mendrick emphasized that part of his duties is "to protect the rights provided to all of us, in the Constitution," in which "One of those enumerated rights is the right of the people to keep and bear arms provided under the 2nd amendment.” He also mentioned that “The right to keep and bear arms for defense of life, liberty and property is regarded as an inalienable right by the people.” 

“I, among many others, believe that HB 5471 is a clear violation of the 2nd Amendment to the US Constitution,” Mendrick said. “Therefore, as the custodian of the jail and chief law enforcement official for DuPage County, that neither myself nor my office will be checking to ensure that lawful gun owners register their weapons with the State, nor will we be arresting or housing law-abiding individuals that have been arrested solely with non-compliance of this Act.”

Sheriffs across the state are refusing to implement the Protect Illinois Communities Act – HB 5471 – that bans over 100 commonly owned firearms. Pritzker has threatened local law enforcement for not enforcing the law which is currently under legal challenge.

State Rep. Chris Miller (R-Oakland) noted the opposition on his website. “At least 30 Illinois county sheriffs are refusing to enforce the newly-passed assault weapons ban because they contend it violates the Second Amendment,” Miller said.

Counties refusing to implement the ban include Clay, Edwards, DeKalb, Dewitt, Franklin, Fulton, Greene, Grundy, Iroquois, Jefferson, Jo Daviess, Kankakee, Knox, LaSalle, Lee, Logan, Massac, McLean, McDonough, Ogle, Perry, Piatt, Pike, Randolph, Richland, Stephenson, Tazewell, Washington, Wayne, White, Winnebago, and Woodford, WMBD-TV reported. 

The Protect Illinois Communities Act HB 5471 classifies all semi-automatic weapons as “assault weapons.” However, many local law enforcement officials note they deem the law to be unconstitutional and are unable to enforce it. The law requires local firearms to be registered.

As many as five million firearms and 10 million magazines in the state may be affected. Gun rights advocates have begun litigation against the state arguing it is unconstitutional under the Second Amendment, according to Chicago City Wire.

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