EFFINGHAM, Ill. (WCIA) — The temporary restraining order for the assault weapons ban has survived another legal challenge.
In a decision released Tuesday, the Fifth Illinois Appellate Court ruled 2-1 to uphold the temporary restraining order, which only affects the named plaintiffs in the case. The lawsuit alleges the Illinois General Assembly broke the Illinois Constitution because the bill did not follow the required length of time to pass the law. The lawsuit does not argue if the assault weapons ban violates the Second Amendment.
“We find it extremely relevant that no opportunity for discourse was provided to the citizens of this state that would allow for recognition of the competing interests in accomplishing what we believe is likely a common goal,” Justice Barry Vaughn wrote in his opinion. “Nor does it appear that the legislative process allowed for even a moment of debate between the lawmakers to ensure that the enactment of this law was “narrowly tailored” to effectuate the Act’s purpose in any manner that would allow a larger exempted group to retain their fundamental rights.”
The Judge who dissented, Justice James Moore, argued the order should be reversed because “the plaintiffs have failed to allege facts demonstrating that they are similarly situated to the exempt group complained of, their equal protection challenge fails.”
The court did reverse some of the declaratory counts DeVore and the plaintiffs made in circuit court.
Tom DeVore, who was the 2022 Republican candidate for Attorney General, attorney for the plaintiffs declared the ruling a victory. He is representing a second case in the Appellate District in White County.
“I highly expect that sometime, maybe even today, if not tomorrow, he will issue a ruling following the opinion of the appellate court,” he said on a livestream. “That’s what I expect.”
One gun control advocate expressed disappointment with the ruling.
“These lawsuits are nothing more than a disinformation campaign being waged against Illinois’ gun safety movement for successfully passing legislation that removes weapons of war from our streets,” G-PAC President and CEO Kathleen Sanches said. “While the gun lobby continues to split hairs to discredit a well-earned, necessary victory for our state, G-PAC and gun safety advocates will continue to work to ensure that all communities have the right to live in dignity and free of gun violence.”