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Lawsuits, sheriffs add to confusion around assault weapon ban

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SPRINGFIELD, Ill. (NEXSTAR) — Champaign County Sheriff Dustin Heuerman is getting emails from concerned gun owners.

“I want people of Champaign County to know, I will follow the law,” Heuerman said. “But I’m not going to violate constitutional rights either.”

Heuerman is not on the long list of sheriffs who say they believe the assault weapons ban is a violation of the second amendment. Those sheriffs say they won’t be proactively checking if people properly registered their weapons.

By saying he would not outright oppose the law like other sheriffs, gun owners in Champaign County assumed Heuerman would go door-to-door, but that will not be happening in any county. The law does not require officers to proactively seek out unregistered guns.

“It’s not and it’s not something that I want my deputies to do anyways,” Heuerman said.

Sangamon County Sheriff Jack Campbell is on the list of sheriffs.

“In my 30 years in law enforcement, I have never seen a bill passed like this, and signed into law that was on his face, so unconstitutional.”

Sheriffs have a lot of power, but ruling a law unconstitutional is not one of them. That is for the courts to decide. Opponents of the ban threatened legal action constantly throughout the legislative process, and Tuesday, the lawsuits started rolling in.

Former Attorney General Candidate Tom DeVore filed a lawsuit in Effingham County on behalf of a shooting range. Another lawsuit was filed in Crawford County.

The Illinois State Rifle Association is expected to file a lawsuit at the federal level, too.

These lawsuits will be the last test for the assault rifle ban before more of the provisions officially go into effect. The ban on the sale of assault weapons went into effect immediately when the bill was signed. The registration component will take longer to implement.

People don’t have to have their guns registered with the state until January 1st, 2024. The rules for that registration and the enforcement aren’t in place, yet. A rulemaking committee made up of lawmakers from both parties will meet sometime over the next few months to vote on the implementation. State police will help draft the rules.

“ISP is in the process of updating training and providing clarity for our officers to enforce this new law, which we will share with local law enforcement agencies,” a spokesperson for ISP said in a statement to WCIA. “Law enforcement officers have a responsibility to follow the law and this is the law.”

Heuerman says it’s a slippery slope for sheriffs to enforce laws based on their beliefs. It’s the reason he refused to send out the statement provided to sheriffs all over the state from the Illinois Sheriff’s Association.

“Not agreeing with the law, does not equal it being unconstitutional and does not equal me not enforcing that as a law enforcement officer,” Heuerman said.

Campbell agrees that it is a slippery slope. Ultimately, he points to other unrelated actions from the Governor and Attorney General’s offices as good reasons to take this drastic action.

“I and no other sheriff in the state enjoys what’s going on right now,” Campbell said. “We didn’t want to be put in this position. So again, you know, we’ve seen constant violations of other statutes that nobody’s mentioning. So the Governor and the Attorney General calling up the sheriff’s because we want protect people’s constitutional rights is disingenuous, you don’t get it both ways. And that was our frustration.”

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Man attacks Jeff Co. deputy with screwdriver during attempted arrest

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JEFFERSON COUNTY, Mo. – Two people are behind bars after a man reportedly attacked a Jefferson County deputy with a screwdriver during an attempted arrest over the weekend.

Prosecutors have charged Nicholas Davis, 47, and Amanda Davis, 45, of Dittmer, Missouri, with felonies in the investigation.

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The alleged attack followed a traffic stop of a driver in the 9500 block of Jones Creek Road on July 7, though the driver was not Nicholas or Amanda.

According to court documents obtained by FOX 2, Nicholas reportedly came out of his nearby home, yelled at a deputy and started approaching him while holding a screwdriver. The deputy initially ordered Nicholas to back away, then used pepper spray.

Per court documents, the deputy attempted to arrest Nicholas, who then struck him in the chest with the screwdriver. Amanda reportedly approached the deputy and pulled him away from Nicholas before both ran inside their home.

The Jefferson County Sheriff’s Office says the situation prompted an hours-long standoff involving negotiators, a SWAT team and a K-9 deputy. The situation led to Nicholas refusing warnings and being bitten by a K-9.

Nicholas and Amanda are both jailed in the Jefferson County Jail without bond. Nicholas is charged with first-degree assault on a special victim and armed criminal action. Amanda is charged with resisting/interfering with arrest.

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St. Louis Public Schools superintendent to be sworn in

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ST. LOUIS — The new St. Louis schools superintendent will be officially sworn into office today. Dr. Keisha Scarlett took over the job in July after the retirement of Dr. Kelvin Adams. She was assistant superintendent in the Seattle Public School District. The installation ceremony is at 6:15 p.m. before the regular school board meeting.

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Gas tanker crashes into St. Louis Metro transit center

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ST. LOUIS — A gasoline tanker truck crashed into a Metro transit center near Riverview and Hall Streets early Tuesday morning and knocked over a power pole. The pole is leaning on other power lines. Police have the area blocked off here because there is a downed power line. Ameren and Metro crews are also on the scene.

The incident happened around 12:30 a.m. It’s still unclear exactly what caused the crash, but we do that there was a second vehicle somehow involved. The airbags on that second vehicle did deploy.

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Police at the scene have not been able to give us a lot of details. Metro officials tell FOX 2 that the transit center here is operating this morning for passengers and buses. Access to certain areas will be limited here as clean up unfolds.

A Metro spokesperson says half of the station isn’t being used right now because of safety issues. It isn’t impacting overall bus operations, everything is just happening on the other side of transit center.

The extent of the damage to the actual transit center is still unclear, but I’m told it does not appear to be extreme. A Metro spokesperson tells me there were no injuries to any metro workers or passengers. The tanker driver also was not injured.

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