An appellate court has upheld a Temporary Restraining Order (TRO) against Illinois’ assault weapons ban, and expanded it to cover the entire state.
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. "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.
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.
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.
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