Chicago Doctor Challenges State and Local Firearm Restrictions in Court, Motion Denied

A Chicago emergency room doctor, Javier Herrera, has filed a lawsuit against the City of Chicago, Cook County, and the State of Illinois, alleging that the recently enacted firearm restrictions infringe upon his Second and Fourteenth Amendment rights. Herrera owns several restricted firearms and large-capacity magazines and has requested a temporary restraining order and preliminary injunction to halt the enforcement of these laws. However, the court has denied his motion.

The “Protect Illinois Communities Act” (HB 5471), enacted in response to a series of mass shootings, including one in Highland Park, Illinois in 2022, prohibits the possession, purchase, or carrying of specific “assault weapons” and large-capacity magazines. The Act defines an “assault weapon” as including various models of firearms, such as a semiautomatic rifle with a pistol grip, which encompasses the AR-15 rifle. The Act also restricts the purchase and possession of large-capacity magazines, with different limits set for rifles and handguns.

Existing owners of restricted firearms and large-capacity magazines, like Herrera, are allowed to keep their possessions if they provide an “endorsement affidavit” by October 1, 2023. However, no new purchases of restricted weapons or large-capacity magazines are permitted after the Act’s effective date. The Illinois Act mirrors similar restrictions already in place in Cook County and the City of Chicago.

Herrera, who is also a volunteer medic on a local SWAT team, claims that he owns the firearms for self-defense, hunting, and sport shooting purposes. Despite Herrera’s arguments, the court has denied his motion for a temporary restraining order and preliminary injunction, allowing the enforcement of the laws to continue.