After being initially defeated last year, legislation proposed to ban assault weapons in the state has gained new support from Gov. Rod Blagojevich, drawing criticism and praise from lawmakers and advocacy groups.

The proposed legislation from State Sen. Edward Acevedo (D-2nd) intends to fill the void left by the expiration of the Federal assault weapons ban, which expired September 2004. The new law will prohibit the manufacture, delivery and possession of various assault weapons and large capacity magazines.

“How can we possibly allow gang bangers to be better armed than our police officers?” Gov. Blagojevich said Jan. 18, during his State of the State address. “Cracking down on gun violence is no longer just a big city concern.”

Advocates of the ban say the lack of federal action to renew the ban necessitates local and state governments to act to protect law enforcement officials. The Brady Campaign to Prevent Gun Violence spokesman Zach Ragbourn said the lack of a national ban to deal with violent crime has caused Boston, New York, San Francisco, Los Angeles and Chicago to create bans.

“We’re not just seeing states, but cities as well sitting up and realizing that the federal government’s just not going to weigh in on gun violence issues,” Ragbourn said. “And if something is to be done, it is up to the city or the state.”

Opponents say such a ban will not reduce violent crime and it infringes upon the rights of legitimate gun owners. The National Rifle Association has said they will fight the ban.

“We have seen before that gun bans don’t work to lower crime, which is why Baltimore and Washington, D.C., have some of the highest crime rates in the country and they also have some of the most strict gun control laws in the country,” said Ashley Varner, spokesperson for the NRA. “The federal assault weapons ban was allowed to expire by Congress after a 10-year period where they studied whether or not the gun control law lowered crime at all, and they determined it didn’t work to lower crime.”

Champaign County Rifle Association Vice President John Boch also said that he does not believe that Illinois will experience a drop in crime with such a ban.

“These firearms are so seldom used in crime,” Boch said. “It’s really just a red herring.”

But supporters of the legislation, such as Rep. Naomi Jakobsson (D-103rd), see the proposed law as a way to ensure that gang members and other criminals do not have access to guns more powerful than law enforcement officers.

“I’m proud that we were able to close the gun show loophole last year, and I believe that reinstating the assault weapons (ban) is imperative to keeping guns off of our street and protecting our families,” Jakobsson said.

Concerning the constitutional issue of the second amendment, Executive Director of the Illinois State Rifle Association Richard A. Pearson said the proposed gun ban is a direct attack on citizens who follow the law.

“(The proposed ban) is actually targeted toward legitimate, law-abiding gun owners,” Pearson said. “It would infringe their rights. It would do nothing for gang members or criminals or other type of people like that.”

Ragbourn, however, said he disagrees that the assault weapons ban infringes upon constitutional rights and that The Brady Campaign to Prevent Gun Violence has never come close to opposing the second amendment.

“Restricting the ability to sell a high capacity magazine or bayonet mount has nothing to do with the right to keep or bear arms,” Ragbourn said. “It’s everything to do with supply and distribution and that doesn’t even approach the second amendment.”