Illinois gun ban: State seeks federal case consolidation as new county also sues

[January 27, 2023]  By Greg Bishop | The Center Square

(The Center Square) – Lawsuits continued to be filed against Illinois’ gun and magazine ban Thursday as the Illinois State Police look to consolidate some.

Gov. J.B. Pritzker enacted the state’s ban on certain types of semi-automatic guns and magazines over a certain capacity earlier this month. Guns in possession before the ban must be registered by Jan. 1, 2024.

Since the ban was enacted, at least seven lawsuits have been filed in state or federal court seeking to overturn the law on various grounds.

The Illinois State Police are looking to consolidate several federal cases into one. While some expected that, plaintiffs are pushing to get immediate relief while the cases work through the courts.

The Crawford County case first filed earlier this month in state court was moved to federal court earlier this week. Thursday, federal court records showed Illinois State Police Director Brendan Kelly filed a motion for the case to be consolidated with the separate federal cases from the Illinois State Rifle Association, the Illinois Gun Rights Alliance, and the National Shooting Sports Foundation.
 

ISRA’s Executive Director Richard Pearson expected consolidation. He said it’s crucial the law be blocked before required registration opens Oct. 1.

“But if we get a temporary restraining order, then that stops everything, and gives us time to argue for a permanent restraining order and I’m sure there’ll be a lot of legal maneuvering in that time after that is done,” Pearson told WMAY.

Gov. J.B. Pritzker amid legislative leaders before signing a bill to ban certain guns and magazines
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It’s unclear how Kelly’s consolidation effort will impact the National Association for Gun Rights case against Naperville’s gun ban. That federal case filed back in September was amended this week to include a challenge of the statewide ban.

This as another state-level case was filed against the state’s gun ban, this time coming from a county-level elected official.

McHenry County State’s Attorney Patrick Kenneally’s office filed the state-level lawsuit against the governor and the Illinois attorney general over the gun and magazine ban.

McHenry County Assistant State's Attorney Troy Owens said they have no choice but to sue on behalf of their constituents, the people of McHenry County.

“We believe that the law is blatantly and facially unconstitutional, being compelled essentially to participate in the prosecution of an offense that we believe is unconstitutional puts us in an ethical quandary,” Owens told The Center Square. “Essentially, we’re having to enforce a law that we don’t believe is square with the Second Amendment.”

A hearing on a motion for a temporary restraining order is scheduled for Monday morning in McHenry County. If a TRO is issued, it would be only for county residents.

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.