An appellate court upheld a temporary restraining order on the Illinois assault weapons ban on Tuesday.
Under the law, some categories of people - active and retired law enforcement officers, correctional officers and military personnel on active duty, for example - may purchase and possess those weapons. Other groups, such as retired military personnel or those who are not on active duty, are barred from obtaining assault-style weapons after Jan. 1, 2024.
In accepting the argument that equal protection rights are at stake, the appellate court also rejected arguments that the General Assembly violated the Illinois Constitution's requirements that bills deal with only one subject, that they be read three times on different days in both chambers, and the guarantee of due process.
In order to get around that requirement, they used a common procedure known as a "gut-and-replace," in which the Senate stripped out the contents of a bill that had already passed the House. Language originally contained in House Bill 5855 was inserted into House Bill 5471, which originally dealt with insurance regulations. The Senate then sent the amended bill back to the House for its concurrence with the amendment.
It also allows people who already own such weapons to keep them, but it requires those owners to register them with the Illinois State Police by Jan. 1, 2024, while also restricting where they can be used or stored.
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