OpinionPolitics

Illinois Judge Issued Temporary Restraining Order Against Assault Weapons Ban

The unconstitutional law blocked as it went into effect.

Illinois Judge Joshua Morrison issued a temporary restraining order against the Protect Illinois Communities Act, which bans numerous weapons in the state. The ruling was 11 pages long. At this point only 850 Plaintiffs and four licensed gun dealers are affected by his ruling. The law bans “rapid fire” handguns and rifles, and limits magazines to 10 rounds for rifles and 15 rounds for handguns. (Fox) The State has filed an appeal.

Plaintiffs are being immediately and irreparably harmed each day in which their fundamental right to bear arms is being denied…This legislation has used criteria to choose who can and cannot the possess the weapons that [was] without due consideration. Due to the speed with which this bill was passed, the effect to protected classes could not have been considered, nor could the Legislature have studied if this was the least restrictive way to meet their goal.”  Illinois Judge Joshua Morrison 

Unfortunately, this is only a temporary order from one Effingham County, Illinois judge and will require more steps to fully block the “assault weapons ban” from being pushed on Illinois residents. The Illinois State Rifle Association has also filed a challenge to the law. As it wends its way through Illinois courts, there will likely be more challenges to it, but should it reach the Supreme Court (no guarantees of that) it may be struck down entirely based on previous court rulings.

A preliminary injunction hearing is set for February 1 at 9:30 a.m.

The state is confident that their egregious gun ban will remain through court tests. The State AG allegedly told the plaintiffs, “See you in court.”

Thomas Devore, and Thomas Maag are attorneys leading the charge for the plaintiffs.

DeVore’s suit was one of three filed recently, where he was joined with attorney Thomas Maag who filed in Crawford County and a federal lawsuit from the Illinois State Rifle Association.

Maag filed the first suit on Jan. 13 on grounds the bill violated several amendments in the U.S. Constitution. In addition to claims it violated the Second Amendment, the suit says rights against self-incrimination and equal protection guaranteed by the Fifth and 14th amendments respectively were also violated.

ISRA filed its federal lawsuit in the U.S. District Court for the Southern District of Illinois on Tuesday with the Firearms Policy Coalition, Inc., the Second Amendment Foundation, a resident of St. Clair County and two Illinois gun stores.

Their suit against Raoul, ISP Director Brendan Kelly, and several states attorneys and sheriffs claims similar violations of the Second and 14th Amendments, but also on the impact it will have on gun stores. (State Journal-Register)

The law was signed by Gov Pritzker on January 10. Since that time, several County Sheriffs claimed they would not enforce the ban, calling it unconstitutional. There are several other components to the law, including expansion of the time for a “red flag” situation from 6 months to a year.

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Faye Higbee

Faye Higbee is the columnist manager for Uncle Sam's Misguided Children. She has been writing at Conservative Firing Line since 2013 as well. She is also a published author.

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