Police not confiscating guns: Kendall sheriff following state’s attorney’s guidance on assault weapons law

Firearms owners worried that law enforcement officers will be pounding on the door seeking to confiscate their guns under the state’s new semi-automatic assault weapons ban can rest easy.

“We have a lot of people with questions and concerns about seizure and that’s just not the case,” Kendall County Undersheriff Bobby Richardson said.

The sheriff’s office and other law enforcement agencies are operating in a legal limbo of uncertainty until the Illinois Supreme Court renders a verdict on the controversial SAFE-T Act and its cashless bail component, and now with the assault weapons ban.

Kendall County State’s Attorney Eric Weis, who is calling both laws unconstitutional, is recommending that when confronted with violations of the new assault weapons ban, officers should simply take down the information of the firearms owners.

Later, if the law is upheld in what Weis said is an inevitable legal challenge, police could then decide whether to file charges.

“They will make that decision on their own,” Weis said. “They have independence. It would be at their own discretion.”

Meanwhile, Weis has made clear that he will not prosecute any cases arising from violations of the assault weapons law until its constitutionality has been decided.

“That’s the guidance we received from the state’s attorney and we are going to follow his guidance,” Richardson said.

The undersheriff noted that the law calls for creation of a State Police registry for owners of restricted weapons by Oct. 1 of this year.

“The registration is not in effect,” Richardson said. “We’re in uncharted territory.”