State’s Attorney Patrick Kenneally Enters Gun Control Law Fray

From the State’s Attorney:


The McHenry County State’s Attorney’s Office filed a Complaint today in McHenry County Circuit Court challenging the constitutionality of House Bill 5471 that, among other things, bans the sale and possession of what the Illinois General Assembly has defined as “assault weapons” and “high-capacity magazines.”

The State’s Attorney’s Office will also file an Emergency Temporary Restraining Order seeking to stay enforcement of the law in McHenry County.   

The Complaint alleges that the HB 5471 violates the Second Amendment to the United States Constitution and Section 22 of Article I of the Illinois Constitution, which also protects a residents’ right to bear arms. 

“The party of unchecked power in Illinois knew the law was constitutionally problematic when they, like the SAFE-T Act, passed it in an irregular legislative session, without any meaningful debate, and under cover of darkness,” said Kenneally. 

“We at the State’s Attorney’s Office have well-founded concerns that the law is unconstitutional and will, again, head to court to ensure we uphold our sworn obligation to protect and defend the United States and Illinois Constitutions.” 

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The case has been assigned to Judge David Gervais:


State’s Attorney Patrick Kenneally Enters Gun Control Law Fray — 8 Comments

  1. If you know it’s unconstitutional and you know it well enough to craft a lawsuit then you ought to know not to prosecute it

  2. Kenneally not the sharpest tool in the drawer and waited until he was told what to say and do. Golf Clap.

  3. Judge Gervais will undoubtedly rule favorably on this thus setting it up for further appeals in the state courts until the state Supreme Court with it’s 5 member Democratic majority deep sixes it.

  4. ‘The Constitution? Second Amendment? What are they? What’s for lunch?’


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