How will recent SCOTUS ruling impact Illinois' red flag laws?

[Music] the Illinois legislature could move forward with a measure enhancing the state's red flag laws when they come back after the November election with some saying that recent Illinois Supreme Court or US Supreme Court ruling I should say uh enhanced the uh the effectiveness of a proposed measure known as Karina's Bill uh that of course is from state representative Mora herau who uh Advanced this legislation um in by filing it but then uh pushed for it but it never really Advanced and a lot of people were waiting on the US Supreme Court uh to make a decision in a case dealing with restraining orders and whether an individual can be restrained from having a firearm if they're the subject of a uh an order of protection a domestic violence order of protection uh so let's tackle that now here with Illinois in Focus I'm Greg Bishop uh and you can catch this each and every weekday morning with Illinois and focus daily like subscribe and hit that notification Bell for America's talking Network on YouTube uh where soon Bishop on air where we're simal casting will only be on America's talking network with Illinois in Focus daily uh but let's get to this issue here with uh the the the US Supreme Court rulings in a couple of uh landmark cases uh one dealing with uh the issue of uh Karina's Bill uh that uh state representative more herau says is bolstered by the US Supreme Court's ruling in rahimi uh so go to the uh the center square.com where you can see the article recent US Supreme Court rulings could impact Illinois gun laws and we'll get down to the bottom here where uh in the rahimi case decided Friday the majority opinion said those with domestic violence orders of protection can be prohibited from possessing firearms the Court held when an individual has been found by a court to pose a credible threat to the physical safety of another that individual may be temporarily disarmed consistent with the Second Amendment so Illinois state representative MOA herau a Democrat from bavia she said that ruling bolsters the need for her bill Karina's Bill uh that requires courts to order warrants for law enforcement to confiscate firearms from subjects of orders of protection part of her statement says quotes while this ruling is a great relief for survivors of gender-based violence the Federal Pro protections affirmed today merely Preserve the status quo and for tens of thousands of women and families it's clear that that is not enough she goes on to say quote we now know without question what we can do more and we must here in Illinois she said we should move forward by enacting Karina's bill which will provide clear guidance for getting guns out of the hands of abusers and ensure those weapons are removed sooner all within a framework that justices have now overwhelmingly endorsed so uh that's the statement from Mora hers shower about uh the US Supreme Court ruling in rahimi dealing with an individual who had orders of protection against him but when I connected with Ed Sullivan with the U uh Illinois State Rifle Association he's a lobbyist uh he reacted to uh the the push for Karina's Bill here's some of what he had to share with me yesterday saw that now for Illinois that that doesn't at this point affect ill saw that now for Illinois that that doesn't so um one one of the things under the Remini case um is a person uh a defendant must have received actual notice of an opportunity and an opportunity to be heard before the order was entered and so due process Illinois State Rifle Association has consistently on all the different bills that have come out and said listen you can't take away someone's second amendment rights without due process and so parts of the um the Katrina's law will have be altered because they're going to have to give them due process before they can take a firearm away and so what are we talking about Under the Red Flag laws in Illinoi they have what's called expar hearings expart hearing is where you can charge a defendant without them knowing about it and without them being present and the ability to bring a a a a lawyer to argue their case and so right off the bat it would seem under AEI that the red flag exp parte part of the statute um need needs to go away and so under the Katrina laws same thing you're going to have to give someone their their day in court before you can act but beyond that there's a couple other things in Illinois law that we think are now on life support um think of times we're under Bond orders um or Bond conditions for someone that gets a DUI where they say well you know you have to turn in your Firearms well how do you force someone to turn their firearms under a bond condition when they've never been to court um and so the portion that I think we really need to take a look at is clearing present danger laws and so if a um Police Department uh or a school district signs a complaint on a clear and present danger for somebody how do you then restrict their gun rights if they have not been um if they've not had their day in court and so as it relates to your direct question on on rahime um listen we don't think truly dangerous people that have had their due process should have access to Firearms as well and so we have been talking to them and we've you know one of the reasons Katrina's law has not moved forward is because of our argument that you need to wait for rahimi to take place all right well now we have guidance from the US Supreme Court and we can go and have this discussion about okay if you're going to take him away well where's the probable cause hearing where's uh the hearing with the defendant in court um and so they're going to have to adjust um their the bill as written for uh Katrina's law so the the Illinois sheriff's Association still opposes Karina's Bill uh and just getting that confirmation from their executive director yesterday uh because of the uh questions of you know Manpower uh and having you know a large number of orders of protection that could possibly uh impact law enforcement having to go out and and and enforce these warrants uh to execute these these search warrants to confiscate Firearms let alone even Governor JB pritzer has raised question about this as well and we'll have to find those archives as this conversation uh continues to evolve uh after the US Supreme Court's ruling in rahime dealing with red flag laws uh even the governor has raised questions about the safety of law enforcement going to execute such types of search warrants uh listen we had an incident uh here in Illinois where a couple of sheriff's deputies up north were shots when they were essentially breaching a home where a suspect was armed and their parent had called and said that the individual uh was possibly harmful to themselves and others and law enforcement reached the home and and shots were fired and uh you've seen that story uh that was uh last week so or was it the week before it was off last week uh so yeah clearly you know there are some questions about the Safety and Security so we'll be monitoring what happens with Karina's bill in the future uh but when it comes to the bump stock ban that the US Supreme Court overturned last week Illinois State Rifle Association uh lobbyist Ed Sullivan uh reacted to what that means for the state of Illinois now for Illinois that that doesn't at this point affect Illinois because under the protect Illinois communities act um where the state banned commonly Ed firearms SE semi-automatic Firearms they also included a provision that banned um devices that increase the rate of fire and so that would be bum stocks and switches that you could put into handguns and so as we stand today bum stocks in Illinois are are banned now we do have a court case multiple court cases before um the Supreme Court that we're hoping that they'll uh they'll take um in the next two weeks um when and if if the Supreme Court would declare that unconstitutional then bump stock would be back in play for for Illinois so you've got the US Supreme Court that could take up Illinois's gun and magazine ban while it's still in the southern district of Illinois federal courts with a scheduled bench trial for September 16th yesterday when we reviewed this the US Supreme Court hadn't really had much other scheduled but now they have added to their schedule uh including opinions to be released on the 26th the 27th and the 28th but those are non-argument days when opinions will be released the day that those looking to see if the Supreme Courts will announce to take up the uh State's gun and magazine ban Challenge on preliminary grounds those are the order list issuance days we had one on Monday and nothing was uh listed for the Illinois cases uh it looks like uh they don't have anything else scheduled for July August or even into September uh so clearly uh at least as of right now it looks like the uh action in The Challenge against Illinois's gun a magazine ban is going to be in the southern district of Illinois not on preliminary grounds on the merits so uh we'll be watching that for you as well but one thing that the uh bumpstock Ban case uh where the US Supreme Court overturned the bump stock ban uh you had uh the the dissenting justices the liberal justices use language in there when they were describing uh what preempted the um uh rather what prompted the the ban on uh bump stocks that the ATF enforced under the Trump Administration and that was the 2017 Las Vegas shooting where the liberal justices wrote in their uh descent that uh these bump stock devices uh were attached to uh the firearms that are commonly available and they Ed the term commonly available Firearms Sullivan says that term commonly available is going to be beneficial to those arguing against the Banning of certain types of firearms yeah and so the bright the bright spot for us is when you have the liberal justices using language like you just said commonly used Firearms um we think that is definitely something that will affect our um our challenge to the P law um they're using our language they're using exactly what we've been saying the whole time and so I we we think that signals something that uh will be favorable to us for sure so we'll be watching see what happens of course we'll monitor any updates from the US Supreme Court if they take the case on preliminary grounds if they don't then it means on the merits they're moving forward with the challenge against Illinois's gun and magazine ban that was enacted back in January of 2023 all right it is Illinois and focus daily like subscribe and hit that notification Bell for daily updates with America's talking Network and the center Square again like subscribe and hit that notification bell all right we'll see you back here tomorrow morning with Illinois and focus daily [Music]