Exposing the Bizarre Lack of Logic Behind the Illinois Assault Weapon Ban

The Illinois assault weapons ban is currently under review in a federal appeals court after being ruled unconstitutional by U.S. District Judge Stephen McGlynn in November 2024, stating the ban violates the Second and 14th Amendments. Pointing out the bizarre nature of the ban, however, experts say that what makes a firearm an “assault weapon” is trivial and lacking in any cogent reasoning. With “assault weapon” being a largely made-up expression by the mainstream media and anti-Second Amendment politicians, it should come as no surprise that a true definition of the term does not exist. 

Recently, CBS News Chicago was invited to Guncology, a gun store and shooting range in Lockport, Illinois, owned by firearms expert and private detective Sergio Serritella. Serritella demonstrated the arbitrary differences in design used by lawmakers to determine what they think an “assault weapon” is. 

One example in this demonstration was the Taurus TX22, a handgun chambered in .22 LR, a caliber more commonly associated with fun, inexpensive plinking and training new shooters who may take to learning more easily with a light recoiling less powerful handgun. However, because the firearm had a threaded barrel, the state labeled it an “assault weapon,” making it illegal to purchase in Illinois. Conversely, a Smith & Wesson 500, one of the most powerful revolvers on record, is perfectly legal to buy. 

Another example shared was a series of Benelli 12-gauge shotguns. All were of the same model and fired the same ammunition, but those fitted with a pistol grip, a feature that in no way alters how the firearm functions, are considered “assault weapons” and are banned. However, those with a more traditional-style shotgun grip are perfectly legal. 

“Things like whether a stock has a thumb hole, things like whether a weapon has a pistol grip on it, has as no effect on the form or function of the weapon otherwise—just strictly cosmetic design differences … The definition is so broad, and covers things that have no bearing on the mechanical function of firearms or the ballistic performance of ammunition, so a lot of the criteria that the State of Illinois uses to define something as an assault weapon strains logic,” according to Serritella.

Anthony Riccio, a former Chicago Police First Deputy Superintendent, argues that officers are often outgunned.

“Thirty-four years ago, when I was a brand-new patrolman on the street, everybody had a revolver. You had six shots, maybe five shots, and that was it … Now, we see these weapons that can fire 30, 40, 50 rounds with extended magazines … It’s a threat to law enforcement. It’s a threat to all of us quite frankly, but it’s a threat to law enforcement on the street as well … We’re no longer the dominant force when it comes to firearms on the street,” Riccio said.

What Riccio is missing, aside from maybe some testosterone, common sense and respect for the United States Constitution, is that advancements in firearms technology are also available to (and often used by) the police, and law enforcement has easier access to far more firearm options than the average law-abiding citizen. Nice try, Tony. Furthermore, while the Second Amendment provides means to hunt, participate in recreational shooting sports and protect ourselves and our homes, it is a fact that the right to keep and bear arms is expressly intended for Americans to be on par with, if not more capable than our government, as the founding fathers were primarily concerned with preventing the recurrence of government tyranny.  

Perhaps the solution should have more to do with focusing law enforcement and prosecutorial resources on offenders rather than using them to criminalize the Constitutionally protected rights of law-abiding Americans. Maybe it’s not a great idea to appease certain demographics in an attempt to purchase votes, especially when violent crime adversely affects those communities at a higher rate. Try securing the border from the unchecked flow of “ghost immigrants” who have participated in a great deal of violence and gang-related activities. And maybe, just maybe, ask yourself why crime is so rampant in major Democrat-controlled cities where firearm regulations are the most strict. Yeah, I’m looking at you Chicago.