EFFINGHAM, Ill. (WCIA) — An Effingham County Judge granted a temporary restraining order against the assault weapon ban.
Judge Joshua Morrison has ruled the law did not follow the length of time in the Illinois Constitution required to pass. The order makes no judgement if the law violates the Second Amendment, and the plaintiffs included no arguments about the second amendment in their case.
“Any legislation that has the potential to restrict fundamental Constitutional rights must be considered carefully,” the lawsuit reads. “The Defendants in this case did not follow the procedural requirements necessary for this legislation to stand up for strict scrutiny that is required when restricting rights to avoid definitional irreparable harm.”
Former Republican Candidate for Attorney General Tom DeVore represented more than 800 plaintiffs across the state.
“The judge sees what’s going on in Springfield, the same way that my clients and I see it, which is the complete deterioration of the procedural requirements under the constitution of how we pass legislation,” DeVore said.
The restraining order only applies to the plaintiffs DeVore is representing in the case.
Governor Pritzker called the decision “not surprising, yet disappointing”.
“We are well aware that this is only the first step in defending this important legislation,” the governor said. “I remain confident that the courts will uphold the constitutionality of Illinois’ law, which aligns with the eight other states with similar laws and was written in collaboration with lawmakers, advocates, and legal experts.”
The Senate President also weighed in on the case.
“We passed the Protect Illinois Communities Act to get dangerous weapons off the street and create a safer state,” Illinois Senate President Don Harmon said. “This ruling will be appealed. We look forward to our day in court to zealously advocate for our neighbors who are weary of the gun violence epidemic.”
The next hearing for the case is scheduled for February 1st. Attorney General Kwame Raoul has filed an appeal to the decision.