In a stunning development that’s turning heads across the nation, 35 elected state prosecutors in Illinois have stepped forward to denounce their own state’s gun laws. As reported by William Kirk, President of Washington Gun Law, these state’s attorneys have filed a bold amicus brief in the ongoing Barnett v. Raoul case. Their message is simple: they believe Illinois’s assault weapon ban is unconstitutional, and they want no part in enforcing it.
Barnett v. Raoul: The Battlefront for Gun Rights
William Kirk has followed the Barnett v. Raoul case closely, and in his latest video, he calls it the “lead case” among several consolidated lawsuits aimed at toppling Illinois’s Protect Illinois Communities Act. This law, which bans so-called “assault weapons,” has faced immense backlash from gun rights advocates and legal scholars alike. But what’s most remarkable is the opposition now emerging from within the very institutions tasked with enforcing the law – state prosecutors.
More Than Legal Theory – It’s About Ethics
According to Kirk, what sets this new amicus brief apart is that it isn’t just about constitutional interpretation – it’s also about ethics and duty. These 35 prosecutors argue they took an oath to uphold both the U.S. and Illinois constitutions. For them, enforcing a law they believe clearly violates the Second Amendment puts them in an impossible situation. They aren’t just saying the law is bad policy – they’re saying it’s a direct conflict with the oath they swore to uphold.
Lead Prosecutor Takes the Reins
The charge is being led by Thomas A. Haine, the State’s Attorney from Madison County. Kirk notes that Haine and his colleagues are pushing back against a law they see as unjust, unworkable, and flat-out unconstitutional. These prosecutors are not part of any lobbying group or political action committee. They are elected officials, representing their communities, and now, standing up for their constituents’ Second Amendment rights.
What the Brief Actually Says
In his breakdown, Kirk highlights how the brief outlines simple but powerful constitutional principles. The prosecutors stress that the banned firearms are “in common use” for lawful purposes, which is a key standard from the Supreme Court’s Heller decision. They also reject the idea that these firearms are “dangerous and unusual” – another important legal standard. Kirk calls the brief a “fantastic job of Second Amendment Protections 101.”
A Prosecutor’s Conundrum
One of the most compelling points raised, according to Kirk, is the conflict prosecutors would face if forced to apply the law. As Kirk explains, “You literally would put a prosecutor in the Hobson’s choice of where they now have to pursue criminal prosecution under a statute that they actually believe on its face is unconstitutional.” That’s not just an awkward position – it’s a violation of professional ethics.
Professional Conduct Rules Are on Their Side
Kirk dives deeper into the ethics argument, pointing to Illinois Rule of Professional Conduct 3.8, which states that a prosecutor’s job is to seek justice, not merely to secure convictions. The amicus brief highlights this and reinforces the idea that prosecutors are ministers of justice. In Kirk’s view, this argument makes the brief even stronger because it connects legal theory with real-world responsibility.
Washington Gun Law’s Experience Echoes the Concern
Drawing from his own background as a former prosecutor in King County, Washington, Kirk adds a personal note. He remembers how his own mentor emphasized that the goal was always justice, not convictions. That perspective, he says, makes him appreciate the Illinois prosecutors’ move even more. It takes guts to stand against political pressure and say, “This law is wrong, and I won’t enforce it.”
The DOJ Is Also on the Gun Owners’ Side
This isn’t the first surprising brief filed in this case. Kirk reminds viewers that the U.S. Department of Justice also filed an amicus brief earlier in support of the plaintiffs, lawful gun owners challenging the ban. That development alone was huge. But when paired with this latest filing from Illinois prosecutors, it paints a picture of a crumbling legal foundation beneath the assault weapon ban.
Momentum Is Shifting – Even in Anti-Gun States
In Kirk’s words, the gun rights movement is gaining new allies in unexpected places. “We are slowly but surely winning this battle,” he says. That may sound optimistic, but these recent legal filings give that optimism serious weight. When prosecutors and federal attorneys alike are opposing a state-level gun ban, it suggests a deeper legal and cultural shift is underway, even in traditionally anti-gun states like Illinois.
Why This Moment Matters Nationwide
While the Barnett case is focused on Illinois, the implications stretch far beyond state lines. Kirk believes that this is a sign of something larger: responsible gun owners are getting organized, legal professionals are stepping up, and even government institutions are beginning to question overreaching laws. This brief doesn’t just challenge the statute – it challenges the assumption that laws like this are automatically enforceable.
A Rare Moment of Legal Courage
This is one of those rare moments where government insiders take a stand for the people. Kirk’s reporting on this event gives it the weight it deserves. It’s not every day that prosecutors call out their own state for violating civil rights. And while the road ahead in the courts is still long, this move sends a clear message: enforcing unconstitutional laws isn’t just unpopular – it’s unethical. In the fight for the Second Amendment, that kind of courage could turn the tide.
A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa is our dedicated Second Amendment news writer and also focuses on homesteading, natural remedies, and survival strategies. Lisa aims to help others live more sustainably and prepare for the unexpected.