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In Macon County, Judge Rodney Forbes followed the 5th Circuit
Court of Appeals in issuing the order restraining Illinois from
enforcing the law. But the order does not apply to the whole
state, it only applies to the named plaintiffs and the
association “Law-Abiding Gun Owners of Macon County," which has
hundreds named in the order.
"The Court further finds 'special legislation and equal
protection challenges are judged by the same standard," Forbes
wrote. "Accordingly, the Court is required by precedent to enter
a temporary restraining order on Count IV (equal protection) and
Count V (special legislation) of Plaintiffs' complaint."
Gov. J.B. Pritzker enacted the state’s gun and magazine ban Jan.
10. The law bans the sale more than 170 semi-automatic weapons
and magazines of more than 10 rounds for rifles and more than 15
rounds for handguns. A registry of firearms the legislation
defines as “assault weapons” is required for grandfathered guns.
The window for that begins Oct. 1 with a requirement to register
by Jan. 1, 2024.
Various lawsuits have been filed in both federal and state
courts. The first state-level case to secure a temporary
restraining order was in Effingham County, which covered 866
plaintiffs. The state appealed, but an appellate court sided
with plaintiffs on the count of the law violating equal
protections by carving out law enforcement and others in the
security industry from having to comply with the law. Illinois
Attorney General Kwame Raoul’s office has said they are
reviewing the order and are expected to ask the Illinois Supreme
Court for an expidited review.
A White County judge also issued a TRO, covering the 1,690
plaintiffs in that case, including former state Sen. Darren
Bailey, R-Xenia, and state Reps. Adam Niemerg, R-Dieterich, and
Blaine Wilhour, R-Beecher City.
State Rep. Dan Caulkins, R-Decatur, filed the case in Macon
County. The case was heard Friday with the judge issuing a TRO
Wednesday.
“It’s a great day. We’re very pleased,” Caulkins told The Center
Square. “We look forward to continuing the legal battle for
every [Firearm Owner ID card] holder in Illinois until we can
get the FOID card thrown out.”
There are several pending lawsuits against Illinois’ gun ban
filed in federal court.
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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