With one ruling against Illinois’ gun ban on the books, more action in the courts is expected in the days and weeks ahead.
Attorney Thomas DeVore on Friday celebrated a temporary restraining order from an Effingham County court against the state enforcing the gun ban on his 860-plus clients.
This from justthenews.com.
A quick review: Governor J.B. Pritzker (D-IL) signed the Protect Illinois Communities Act, which:
[I]mmediately bans the sale and distribution of assault weapons, high-capacity magazines, and switches in IL.
Governor Pritzker stated:
I’m tired of living in a world where a mass shooting needs a title so you know which one we’re referring to.
I just signed the Protect Illinois Communities Act, which immediately bans the sale and distribution of assault weapons, high-capacity magazines, and switches in IL.
Almost immediately, former Attorney General candidate Thomas DeVore filed a lawsuit against the Illinois governor over the assault weapons ban.
Many, including DeVore, saw this law as unconstitutional and a mere political act by the Illinois governor who is reportedly making a move towards a presidential run for 2024.
DeVore stated:
Pritzker’s “tyrannical” measures are what made him take action, and he proceeded to file his suit on behalf of 866 plaintiffs. The suit lists 862 gun owners, along with four gun shop owners, in the state of Illinois.
The lawsuit argues that the Protect Illinois Communities Act is in violation of the Illinois State Constitution, along with its Equal Protection clause.
DeVore said in a statement:
No longer can the citizens sit idly by while bureaucrats destroy the very foundation fabric of our great Republic.
DeVore continued:
The judge found likelihood of success on the merits of all issues, including the three readings rule.
Among other issues DeVore argued, Effingham County Judge Joshua Morrison focused on the procedural approval of the legislation.
Morrison wrote:
This Court finds that the Defendants unequivocally and egregiously violated the Three Readings Rule of the Illinois Constitution in order to circumvent the Constitutional requirements and avoid public discourse.
The state constitution requires the legislature to hold three public readings of a bill before a final vote.
The judge also agreed with DeVore that the measure that bans certain semi-automatic guns and magazines improperly exempts individuals from exercising their constitutional rights. Active and retired law enforcement and security professionals were exempt from the law.
Morrison wrote in a ruling Friday:
[T]his court cannot find it logical that a warden or a person (included in the exempted persons category) is necessarily better trained or more experienced in the handling of weapons than a retired military personnel (not included in the exempted person category).
Before the restraining order was issued Friday, Governor Pritzker downplayed the idea of lower courts making rulings, equating it to legal wranglings over his COVID-19 mandates last year.
Pritzker said:
When there were people who were grandstanding and getting decisions at a lower court who were ultimately ruled unconstitutional or overturned, rather, by appellate courts. The legislation was thoughtfully considered by constitutional experts, legal experts, legislators, advocates.
After Friday’s decision, Pritzker said to expect an appeal and criticized plaintiffs who he said were advancing ideology over public safety.
NOTE: Plaintiffs’ attorney Thomas DeVore tunes that out:
That’s just the governor marginalizing people that are defending themselves. That’s just how he plays it out with his blow-hearted nature. He’ll marginalize and try to demean anyone who does not agree with him.
