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Attorney Thomas DeVore had the case Accuracy Firearms, where
earlier this year he secured thousands of temporary restraining
orders keeping plaintiffs safe from being subject to
enforcement. Following the dismissal by the Illinois Supreme
Court last month of a separate case from state Rep. Dan Caulkins,
R-Decatur, DeVore’s case was dismissed by an Effingham County
judge.
“When that ruling came down, I don’t think there was a lawyer in
the state, except unfortunately the court that we are sitting
in, that said that forecloses any citizen’s ability to argue
equal protection,” DeVore said.
DeVore filed a motion to reconsider in Effingham County, saying
he can prove the law violates equal protections by exempting
certain classes such as police and retired police.
“Many, many, many overwhelming law enforcement officers have no
training on these banned weapons whatsoever, they’re trained in
handguns and shotguns,” DeVore said.
DeVore claims that proves such classes of exempt individuals are
similarly situated to other gun owners impacted by the gun and
magazine ban, and therefore the law is unconstitutional.
On Monday, Illinois State Police announced emergency rules
listing the banned firearms and how those who own them from
before Jan. 10, can file a sworn affidavit noting they are
providing information voluntarily. The rules also say police,
retired police, jailers and those in the security sector are
exempt.
Gun rights advocate Todd Vandermyde said there are concerns
about the rules, among which are the exempt classes.
“I think they just doubled down on what Tom DeVore is talking
about in regard to the equal protection claims that are within
here,” Vandermyde said.
DeVore said training the government says exempt certain classes
is a fiction and was never discussed when crafting the law.
“These folks that are getting this training in the handguns,
these prison wardens, aren’t even astute in these weapons
because they’re slapping the trigger all the time because they
don’t know what they’re doing,” DeVore said. “This whole
training argument is a fiction and I can prove it.”
The state has until next month to respond to DeVore’s motion to
reconsider with a possible hearing sometime in November.
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