In a serious blow to Illinois Gov. JB Pritzker’s assault weapons ban, the 5th District Appellate Court affirmed on Tuesday Effingham County’s Temporary Restraining Order (TRO), and goes beyond the original 866 plaintiffs in the original lawsuit, and is now binding against all courts statewide.The lawsuit is based on alleged violations of the Illinois Constitution. One alleged violation is the Equal Protection Clause, because the Assault Weapons Ban provides exemptions for certain groups – for instance, active and retired law enforcement are exempted from the ban, as well as active military and private security guards.Retired military, however, much like the general population, are not exempted from the ban. DeVore argues that these exemptions create unconstitutional classes of citizens where legislators have decided who is subject to the ban and who is not.The Equal Protection argument was enough for the Appellate Court to affirm Effingham County Judge Joshua Morrison’s TRO.
Last Wednesday, White County Judge T. Scott Webb heard arguments from representatives of Attorney General Kwame Raoul’s office, and from Tom DeVore, who is representing over 1,600 plaintiffs, including former Illinois State Senator and Republican nominee for governor Darren Bailey; 68 federal firearms dealers and 92 counties, saying the case is “under advisement” and that he would issue a ruling after further review.However, this Appellate Court ruling will also bind Judge Webb, and will force him to issue a TRO.
