Motion filed to consolidate state-level challenges to Illinois’ gun ban

[February 15, 2023]  By Greg Bishop | The Center Square

(The Center Square) – An effort is underway to combine four state-level challenges to Illinois’ gun and magazine ban.

Gov. J.B. Pritzker enacted the state’s ban on more than 170 semi-automatic firearms and magazines of more than 10 rounds for rifles and more than 15 rounds for handguns. Firearms deemed by the legislature as assault weapons in possession before the ban was enacted Jan. 10 must be registered with Illinois State Police by Jan. 1, 2024.

Lawsuits have been filed in both federal and state court since the measure was enacted.

On Tuesday, attorney Thomas DeVore filed with the Illinois Supreme Court a motion to consolidate his three cases from Effingham and White counties and the case from Macon county into one.

“When you bring them into one case, then you only have to do discovery one time,” DeVore told The Center Square. “Other depositions that we might do of the [Speaker of the House], of the [Senate President], might be identical. So there’s efficiency there.”

He said the cases he’s brought with thousands of plaintiffs and dozens of gun stores named is similar to the Macon County case with named plaintiffs and the association “Law-Abiding Gun Owners of Macon County.”

“Factual issues will be identical in this, regarding the record of the bill, etc,” DeVore said. “The legal issues will be identical.”

All state-level cases have temporary restraining orders in place against the state from enforcing the law, but only for named plaintiffs. DeVore said even if consolidation happens, which he said is likely, a state-wide injunction against the law won’t happen until the case is fully resolved.

“The only time there is going to be an injunction that might apply statewide is when we get to the end of the case and get in front of the supreme court of the state of Illinois,” DeVore said.

It’s the federal cases where there could be a preliminary injunction granted statewide. Attorney Thomas Maag said that could come sometime in April. In the meantime, Maag expects the state to respond to orders the judge issued Monday for defendants to produce a list of all banned items.

“That’s probably correct at this point. There have been some discussions among the parties in having the state file a unified response,” Maag said.

Maag’s case comes from Crawford County. The federal judge overseeing that case is also overseeing separate cases from the Illinois State Rifle Association, Federal Firearms Licensees of Illinois and the National Shooting Sports Foundation.

The federal cases have not been consolidated, something that could come about by a motion or by an order from the judge.

Greg Bishop reports on Illinois government and other issues for The Center Square. Bishop has years of award-winning broadcast experience and hosts the WMAY Morning Newsfeed out of Springfield.