By Illinois Review
In another blow to Illinois Gov. JB Pritzker’s assault weapons ban, and following the directive of the Appellate Court, White County Judge T. Scott Webb on Thursday granted attorney Thomas DeVore’s motion for a temporary restraining order (TRO), halting the ban while the lawsuit proceeds.
The lawsuit raises the same claims as the one filed in Effingham County, where Judge Joshua Morrison granted the first TRO and names Gov. JB Pritzker, State Senate President Don Harmon, D, Illinois House Speaker Christopher Welch, D, and Attorney General Kwame Raoul, D, as defendants.
The lawsuit filed in White County by DeVore includes over 1,600 plaintiffs, including former Illinois State Senator and Republican nominee for governor Darren Bailey, who is the first named plaintiff; 68 federal firearms dealers and covers 92 counties.
On Tuesday, 5th District Appellate Court affirmed Effingham County’s TRO and goes beyond the original 866 plaintiffs in the original lawsuit, and is now binding against all courts statewide.
The lawsuits are based on alleged violations of the Illinois Constitution. One alleged violation is of 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.
Judges in Effingham and White Counties, and the 5th District Appellate Court view the equal protection clause as the most credible argument in the case – and a literal “silver bullet” for DeVore and his plaintiffs.
Please continue to follow Illinois Review and DeVore Law Offices for more updates as they become available.