Marion County State’s Attorney Tim Hudspeth met with the county sheriff and police chiefs from communities throughout the county Friday afternoon to develop a unified stance on the assault weapon ban.
Afterward, Hudspeth issued a letter to all citizens of Marion County. Hudspeth says the Protect Illinois Communities Act criminalizes and bans the possession of certain commonly used firearms and firearm components in the State of Illinois. In so doing, he says the Act makes criminals out of good, hard-working, and otherwise law-abiding citizens.
Hudspeth says they, like many of the county’s residents, are very concerned about the Act and its infringement upon 2nd Amendment rights. The right to keep and bear arms is one of the most fundamental rights granted to all United States citizens. It is a right deeply entrenched in our country, our state, and our home here in Marion County.
Hudspeth says upon taking their respective positions, they took an oath to support the constitution of the United States and the constitution of the State of Illinois. When a law conflicts with either of those constitutions, Hudspeth says they must stand by our oaths and support the constitutions.
The State’s Attorney’s statement continues that they are aware that all bills passed by the General Assembly and signed by the governor are presumed to be constitutional. However, he says the Act conflicts with recent United States Supreme Court cases by criminalizing the possession of many of the most popular firearms in America; firearms that we have been able to legally own for many years; and firearms that are currently in common use for lawful purposes. Because of this conflict, we believe the Act is unconstitutional.
There undoubtedly will be strong court cases filed in the very near future that will challenge the constitutionality of the Act. Until the courts rule on the constitutional issues, Hudspeth says law enforcement in Marion County will not expend the limited resources of our communities, supported through tax dollars, to check compliance with the Act. He reports local law enforcement will exercise their arrest and prosecutorial discretion and not make criminals out of otherwise law-abiding citizens choosing to exercise their 2nd Amendment rights solely due to non-compliance with what they believe to be an unconstitutional law.
Hudspeth says they will continue to investigate and prosecute violations of the law. He says all crimes, including crimes committed using firearms, will be investigated and prosecuted based upon the facts, circumstances, and evidence of each particular case.
The letter is signed ‘Your friends and partners in Marion County Law Enforcement’.
Here is the copy of the entire letter to Marion County residents:
