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A constitutional challenge to Illinois gun and magazine ban is under advisement at the Illinois Supreme Court.

Illinois bans the sale and possession of more than 170 semi-automatic firearms and certain magazines. If the law is sustained, those with such firearms owned before the law was enacted must register the weapons under criminal penalty by Jan. 1. The law is being challenged in federal and state courts.

Tuesday at the Illinois Supreme Court in Springfield, justices heard oral arguments in the case Caulkins v. Pritzker. The case comes out of Macon County where state Rep. Dan Caulkins, R-Decatur, and others allege, among other things, the law violates equal protections because it does not apply to active and retired police officers and others in law enforcement and security fields.

Justice Elizabeth Rochford asked Caulkins attorney Jerry Stocks about the training exemption law enforcement officers have.

And that they continue to maintain that training while they maintain their exempt status as opposed to just everyone else, Rochford said. Is that an arbitrary

It is arbitrary, Stocks said.

Stocks said retired military who have training arent exempt. Other justices asked whether this is a Second Amendment challenge or an equal protections challenge.

You cannot even begin to address the grounds that are in this complaint without addressing and finding what the Second Amendment says in this case, Stocks said during the hearing.

The court took the issue under consideration and could rule in the months ahead. The states ban also faces challenges in federal court with several cases consolidated at the appeals court level and a motion for emergency injunction pending in front of U.S. Supreme Court Justice Amy Coney Barrett.

Defending the state, Attorney General Kwame Raoul said he was confident the ban is constitutional after the Illinois Supreme Court hearing, especially with continued news of recent mass shootings. Raoul was asked about similar training the public could take.

Well, you play a different role, right, Raoul said. Its not just a question of training, youre not in a law enforcement role, I dont think.

Raoul criticized the plaintiffs for not arguing the Second Amendment in their pleadings but raised it in the court.

Stocks reiterated his claim the law violates equal protections of civil liberties.

This was about the fundamental individual right under the Second Amendment that could not be diluted by Illinois version of the Second Amendment, Stocks said after the hearing.

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