AP

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

Image: This photo provided by the Washington Department of Ecology shows a derailed BNSF train on t...

Associated Press

Judge orders BNSF to pay Washington tribe nearly $400M for trespassing with oil trains

BNSF Railway must pay the sum to a Native American tribe in Washington after it ran 100-car trains with crude oil on the tribe's reservation.

14 hours ago

Photo: In this photo provided by Tieanna Joseph Cade, an amusement park ride is shown stuck with 30...

Associated Press

Crews rescue 28 people trapped upside down high on Oregon amusement park ride

Emergency crews in Oregon rescued 28 people after they were stuck dangling upside down high on a ride at a century-old amusement park.

15 hours ago

juneteenth shooting texas...

Associated Press

2 killed and 6 wounded in shooting during a Juneteenth celebration in a Texas park

A shooting in a Texas park left two people dead and six wounded, including two children, on Saturday, authorities said.

2 days ago

Photo: Israeli soldiers drive a tank near the Israeli-Gaza border, in southern Israel, Wednesday, J...

Jack Jeffery, The Associated Press

8 Israeli soldiers killed in southern Gaza in deadliest attack on Israeli forces in months

An explosion in Gaza killed eight Israeli soldiers, the military said Saturday, making it the deadliest attack on Israeli forces in months.

2 days ago

Juanita Beach Kirkland...

Kathy McCormack and Nick Perry, The Associated Press

‘Tis the season for swimming and bacteria alerts in lakes, rivers

With summer about to start, many people flocking to their favorite swimming holes may also want to read up on bacteria warnings.

3 days ago

Image: Members of the Makah Indian tribe paddle away from the rising sun as they head from Neah Bay...

Associated Press

Washington’s Makah Tribe clears major hurdle toward resuming traditional whale hunts

The U.S. granted the Makah Indian Tribe a long-sought waiver that helps clear the way for its first sanctioned whale hunts since 1999.

5 days ago

Judge issues order blocking Illinois semiautomatic gun ban