An appellate court has upheld a Temporary Restraining Order (TRO) against Illinois’ assault weapons ban.
The TRO was issued by an Effingham County judge after attorney Thomas DeVore filed a lawsuit in state court against the law on behalf of 866 plaintiffs.Judges suggested that lawmakers who rushed to pass the legislation earlier this month should have slowed down to explain why police and security guards, and several other categories of people, get to buy the firearms but others do not.
A lawyer challenging the ban on military-style, AR-15 type weapons and large ammunition magazines thinks other judges will agree that allowing largely untrained security guards to possess assault weapons but not others doesn't make sense. DeVore's lawsuit highlights four key issues on why the law banning assault weapons is invalid. The most pressing is the Equal Protection Clause, which exempts some people from following the law.
"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."
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.
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