An Illinois judge has granted an interim restraining order that blocks the implementation of a new Illinois law on gun control against approximately 800 plaintiffs.
The law, which was signed by Democratic Governor. J.B. Pritzker last week at the beginning in his second governor’s term restricts the sale of high capacity ammunition magazines and prohibits “switches” which allow semi-automatic guns to fire round automatically and “extends the authority of courts to stop dangerous people from having guns through firearm restraining order.”
Switches that transform semiautomatic firearms into automatic firearm are prohibited in the majority of cases under federal laws governing firearms.
The decision is restricted to plaintiffs – over 800 Illinois residents – who filed the lawsuit brought by Thomas DeVore, a former Republican candidate to be the Illinois Attorney General. The plaintiffs argue that the ban was in violation of lawful provisions of the Illinois Constitution.
Effingham County Judge Joshua Morrison decided that the bill violated the rights of the plaintiffs and stopped the state’s ability to make lawful enforcement against the particular group.
The judge stated in his decision that officials of the state were not adhering to the procedures required by this law’s ability to “stand against the tough scrutiny required when restricting rights in order to avoid irreparable definitional damage.”
“This legislation uses criteria to decide who can and cannot own the weapon without proper review,” Morrison said. “Additionally due to the speed at which this legislation was passed, the impact on the protected classes would not have been considered or the Legislature be able to study this issue if it was the most restrictive method to accomplish their objective.”
The offices of Illinois Attorney General Kwame Raoul, who is a Democrat is preparing an appeal notice and plans to ask the court of appeal to overturn and revoke the temporary restraining order spokesperson Jamey Dunn-Thomason announced in a statement after the decision.
Pritzker declared on Friday that he was certain that the courts would eventually uphold the law, despite the judge’s decision.
“This decision isn’t shocking. While it’s disappointing, it’s the first outcome we’ve witnessed in a variety of cases brought by plaintiffs who seek to push their ideologies over public safety,” Pritzker said in a statement on Friday.
“We know that this is just the beginning of our defense against this crucial law,” he continued. “I am confident that courts are going to defend the legality of Illinois legislation which is in accordance with eight other states that have similar laws. The law was developed in conjunction with legislators advocates, advocates, as well as legal professionals.”
The case is among many filed shortly after the passing of the gun law that was passed mostly along parties within the Democratically majority legislature. The first was brought within the Southern District of Illinois by several gun rights groups, while another one was brought by gun-rights groups in Crawford County. Both are currently waiting for court dates.
Pritzker on Wednesday came out against the lawsuits and told Thestarbulletin’s Kaitlan Collin that he’s confident that the law will stand in court since Illinois was the 9th state of the US to pass an assault weapon ban.
“The reality is that there the possibility of challenges to the assault weapon bans. We’re just replicating, honestly the laws of other states. Our law is among the strictest, but it is within the limits of what’s constitutional and acceptable. A lot of scholars have said this about our law.” Pritzker said on “Thestarbulletin’s This Morning.”
In the last few months, Pritzker has approved additional legislation that imposes restrictions on firearms in Illinois.
On May 1, Pritzker approved legislation which bans people from selling or owning “ghost firearms,” or self-assembled guns. Additionally, it ensures that each gun is serialized to enable law enforcement to more easily track their owners.