Judge issues order blocking Illinois semiautomatic gun ban

Jan 20, 2023, 2:42 AM | Updated: 4:48 pm
FILE - Assault weapons are seen for sale at Capitol City Arms Supply on Jan. 16, 2013 in Springfiel...

FILE - Assault weapons are seen for sale at Capitol City Arms Supply on Jan. 16, 2013 in Springfield, Ill. Legal challenges to Illinois' semiautomatic weapons ban began Wednesday, Jan. 18, 2023, with a federal complaint that the eight-day-old law prohibits “commonly possessed” and constitutionally protected guns and a state court pleading questioning the law's exemptions based on a person's employment. (AP Photo/Seth Perlman, File)

(AP Photo/Seth Perlman, File)

SPRINGFIELD, Ill. (AP) — A judge issued a temporary restraining order Friday blocking the new Illinois law banning assault-style weapons and high-capacity magazines.

Effingham County Judge Joshua Morrison issued the order after former Republican candidate for attorney general Tom DeVore sued to block the law. DeVore said he’s representing hundreds of people from dozens of counties who argue the law violates their constitutional rights.

Morrison’s ruling only applies to 850 plaintiffs listed in the lawsuit in Effingham County and four licensed gun dealers.

Gov. JB Pritzker said he was not surprised by Morrison’s ruling.

“Although disappointing, it is the initial result we’ve seen in many cases brought by plaintiffs whose goal is to advance ideology over public safety,” Pritzker said. “We are well aware that this is only the first step in defending this important legislation.”

Pritzker said he remains confident the courts will uphold the constitutionality of the law.

“The Court finds the Plaintiffs have shown a likelihood of success in relation to the equal protection clause of the Illinois Constitution,” Morrison wrote in his 11-page ruling.

DeVore told the Chicago Tribune he believes that the judge “like many people in the state of Illinois have had enough of this.”

“If the General Assembly wants to pass a law then do it in the wide open, don’t do it like thieves in the night and let everybody know what they’re doing and see what they’re doing and give them a chance to participate,” DeVore said. “And I think that’s what the judge was trying to say and I look forward to this case as it continues.”

In his ruling, Morrison cited a landmark U.S. Supreme Court decision from last year that struck down New York state’s concealed carry law. That 6-3 ruling in New York Rifle & Pistol Association v. Bruen found that the “plain text” of the Second Amendment protected the right of the plaintiffs in that case to carry firearms for self-defense.

“Due to the speed with which this bill was passed, the effect to protected classes could not have been considered, nor could the Legislature have studied if this was the least restrictive way to meet their goal,” Morrison also wrote.

Pritzker signed the law on Jan. 10 in response to the mass shooting that killed seven and injured 30 at the Highland Park July Fourth parade. The law bans dozens of specific types of rapid-fire handguns and rifles, .50-caliber guns, attachments and limits cartridges to 10 rounds for long guns and 15 rounds for pistols.

Attorney General Kwame Raoul’s lawyers argued the restraining order should be denied in part because the merits of the lawsuit would fail in court. The record will show the legislation was read publicly three times, that it covers a single subject — guns — and that the plaintiffs show no evidence that the exemptions for possessing the restricted weapons are doled out unfairly.

“The act’s exceptions for professionals with specialized firearms training and experience, such as law enforcement and members of the military, easily survive rational basis scrutiny,” the state’s response said.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - Bryan Kohberger, who is accused of killing four University of Idaho students in Nov. 2022, a...
Associated Press

News groups ask Idaho Supreme Court to reject University slayer gag order

Thirty news organizations have asked the Idaho Supreme Court to overturn a gag order in a case against a man accused of stabbing four students to death.
14 hours ago
Nathan Chasing Horse stands in court. Monday, Feb. 6, 2023, in North Las Vegas, Nev. Nathan Chasing...
Associated Press

‘Dances With Wolves’ actor charged in 2018 rape in PNW

Canadian police confirmed Tuesday they are pursuing a criminal case against a former "Dances With Wolves" actor who was arrested last week and charged in Nevada with sexually abusing and trafficking Indigenous women and girls.
14 hours ago
Associated Press

Oregon governor: Agency leaders used jobs for personal gain

SALEM, Ore. (AP) — Oregon Gov. Tina Kotek on Wednesday asked the board of commissioners of the state’s marijuana and alcohol regulating authority to remove its executive director and other leaders, alleging they “abused their position for personal gain.” “This behavior is wholly unacceptable. I will not tolerate wrongful violations of our government ethics laws,” […]
2 days ago
This photo provided by Indiana State Police shows the scene of a fatal shooting in Mitchell, Ind., ...
Associated Press

2nd Indiana officer out of hospital after being shot

MITCHELL, Ind. (AP) — The second of two southern Indiana police officers shot during a weekend traffic stop has been released from a hospital, a local sheriff said Wednesday. Mitchell Police Officer Christian Anderson was released from IU Health Methodist Hospital in Indianapolis, Lawrence County Sheriff Greg Day said in a post on Facebook. The […]
2 days ago
FILE - North Carolina Attorney General Josh Stein speaks in front of the Supreme Court in Washingto...
Associated Press

Appeals court backs North Carolina AG Stein on libel law

RALEIGH, N.C. (AP) — A federal appeals court sided again with North Carolina’s attorney general on Wednesday, saying a 1931 libel law is most likely unconstitutional. Josh Stein has sought to block a fellow Democrat from using the law to prosecute him over a 2020 campaign commercial. In a unanimous result, the three-judge panel of […]
2 days ago
FILE - A cursor moves over Google's search engine page on Aug. 28, 2018, in Portland, Ore. The comp...
Associated Press

Investors’ query: Can Google answer Microsoft’s AI threat?

SAN FRANCISCO (AP) — Google, a company built on finding quick answers to people’s questions, suddenly finds itself grappling for a response to a potential threat to its internet empire — a form of artificial intelligence that long-time rival Microsoft is now deploying to attack its dominant search engine. Microsoft’s assault combined with concerns about […]
2 days ago

Sponsored Articles

safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.
Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
SHIBA WA...

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Lake Washington Windows...

Choosing Best Windows for Your Home

Lake Washington Windows and Doors is a local window dealer offering the exclusive Leak Armor installation.
Anacortes Christmas Tree...

Come one, come all! Food, Drink, and Coastal Christmas – Anacortes has it all!

Come celebrate Anacortes’ 11th annual Bier on the Pier! Bier on the Pier takes place on October 7th and 8th and features local ciders, food trucks and live music - not to mention the beautiful views of the Guemes Channel and backdrop of downtown Anacortes.
Swedish Cyberknife Treatment...

The revolutionary treatment of Swedish CyberKnife provides better quality of life for majority of patients

There are a wide variety of treatments options available for men with prostate cancer. One of the most technologically advanced treatment options in the Pacific Northwest is Stereotactic Body Radiation Therapy using the CyberKnife platform at Swedish Medical Center.
Judge issues order blocking Illinois semiautomatic gun ban