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A White County judge issued a ruling Thursday temporarily
prohibiting the state from enforcing the ban on certain
semi-automatic weapons and magazine capacities against 1,690
plaintiffs in the case. Among those named in the case brought by
attorney Thomas DeVore are former state Sen. Darren Bailey, who
ran for governor against incumbent Gov. J.B. Pritzker last year,
and state Reps. Adam Niemerg, R-Dieterich, and Blaine Wilhour,
R-Beecher City.
The White County TRO comes just days after the Illinois 5th
Circuit Court of Appeals upheld a TRO issued by Effingham County
on Jan. 20. The appellate court's split decision dismissed the
counts alleging procedural violations of bills having
three-readings, being on a single subject and having due process
with public hearings, but upheld the charge the law violated the
plaintiffs' equal protections.
Illinois Attorney General Kwame Raoul's office is asking the
Illinois Supreme Court for an expedited schedule to review the
Effingham County TRO. Raoul's office didn't immediately respond
to a request for comment on Thursday's White County decision.
White County Circuit Judge T. Scott Webb agreed the gun ban
provision exempting employees in law enforcement and others
security industries from having to comply violated equal
protection rights.
"The Defense argues that the Act was passed to curtail mass
shootings, which have become a scourge on our nation. However,
there is no legislative history to the Act that may shed light
on that issue," Webb said. "Neither have any studies been
submitted or even referenced that demonstrate a ban on assault
weapons and high-capacity magazines would alleviate mass
shootings."
The judge continued that the court was left only to speculate
why there were certain exemptions "while not exempting others,
who seem to possess similar firearms training, would further
deter mass shootings," Webb wrote. "To this end, this Court
finds that the equities balance in favor of the Plaintiffs."
“This is another win for the Constitution and for honest firearm
owners in the State of Illinois,” state Rep. Adam Niemerg,
R-Dietrich, said in a statement. “We are chipping away at this
extreme law with each case working its way through our court
system. It will take time, but this law will be overturned
because it is a clear violation of our Constitutional rights.”
A separate state-level case against Illinois' gun ban in Macon
County has a hearing set for Friday afternoon. There are also
several pending federal lawsuits against the law.
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.
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