Attorneys differ on state-level challenge to Illinois’ gun ban

[March 07, 2023]  By Greg Bishop | The Center Square

(The Center Square) – Attorneys separately challenging Illinois' gun ban in state court continue to differ in their approach.

On behalf of state Rep. Dan Caulkins, R-Decatur, and others, attorney Jerry Stocks secured a final judgment against the ban in Macon County Friday.

“When the law is declared facially unconstitutional, it is invalid as if it never existed,” Stocks told The Center Square. “So, that deceleration in a judgment here in Macon County triggers [Illinois Supreme Court] jurisdiction under a very specific rule.”

Attorney General Kwame Raoul’s office Friday announced it filed the appeal.

“The court's decision is in line with the 5th District's decision in [an Effingham County case challenging the law from attorney Thomas DeVore]. Because the court entered a final judgment, we are able to appeal directly to the Illinois Supreme Court,” Raoul’s office said. “We will ask the Court for an expedited schedule, and we look forward to defending the Act in the Illinois Supreme Court.”

As of Monday afternoon, the Illinois Supreme Court had yet to process the case on its website.

DeVore, who has three other cases challenging Illinois’ ban that are to be consolidated, criticized the speed Stocks’ case is moving to the Illinois Supreme Court.

“Without a record, without having them answer to any questions, without them doing the work that really needs to be done to just drive it home, man, and to make this thing as iron clad as we can make it,” DeVore said on his YouTube channel Sunday.

Attorney Jerry Stocks
Greg Bishop / The Center Square

DeVore said Stocks is playing into the state’s hands and he’s the one developing a record to take to the Illinois Supreme Court.

“There’s no benefit whatsoever of rushing this case to the supreme court, not for the gun case and certainly not for trying to get something done to alter how laws are passed in Illinois which benefits much, much bigger issues ladies and gentlemen than a gun issue,” DeVore said.

Stocks said such a record isn't necessary.

Caulkins said there needs to be finality to the question for all sooner than later, not just to a few who joined lawsuits.

“The longer we stay under an unconstitutional law the more harm that it does to the people of Illinois,” Caulkins told The Center Square. “This is a case that clearly abridges our constitutional protections.”

After Friday’s ruling in Caulkins’ case, it’s expected the Illinois Supreme Court will accept the state’s appeal.

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.