Second Effingham County Judge Enters Restraining Order Against Pritzker’s Assault Weapons Ban, Cites Appellate Court Ruling and Equal Protection Clause

By Illinois Review

In yet another blow to Gov. JB Pritzker’s Assault Weapons Ban, on Friday afternoon Effingham County Judge Chad M. Miller entered a temporary restraining order (“TRO”) in the third lawsuit filed by former Republican Attorney General candidate Thomas DeVore. The case, titled Barclay v. Pritkzer, includes more than 2300 plaintiffs including more than 70 federal firearms dealers. This is the second Effingham County judge to enter such a TRO.

The order is short – less than one page – and makes clear that the court is “bound” by Appellate Court’s affirmance of DeVore’s first lawsuit, also filed in Effingham County. The order states that it is based on the Assault Weapons Ban’s violation of the Equal Protection clause of the Illinois Constitution.

In reporting the Appellate Court’s decision on January 31, 2023, Illinois Review stated that the decision was binding on all lower courts in Illinois as being dispositive on the issue of whether Gov. Pritzker’s Assault Weapons Ban violated the Equal Protection clause. Illinois Review received a firestorm of pushback on its analysis from many in the media having interests aligned with Gov. Pritzker and his family’s vast network of business interests throughout Illinois.

Illinois Review also took a lot of friendly fire on its reporting from other conservative interests promoting lawsuits against the Assault Weapons Ban that were not brought by DeVore. Notably, no TROs have been entered in various other cases brought in federal court.

DeVore’s lawsuits are premised on a novel theory that the Assault Weapons Ban violates the Equal Protection clause of the Illinois Constitution because it creates seemingly arbitrary classes of people who are and who are not subject to the ban. For instance, active and retired law enforcement officers are exempt from the ban, as are employees in private security. Active members of the military also are exempt, but retired military are not.

In other words, a mall cop is exempt from the ban and can own an AR-15, but a retired member of SEAL Team Six, much like most Illinois citizens, is precluded to own such a weapon based on the ban. The Appellate Court, Fifth District, found that this outrageous and totally arbitrary separation of Illinois citizens violates the Equal Protection clause of the Illinois Constitution.

With the granting of this TRO by Judge Miller, a total of 4713 Illinoisans and 148 federal firearms dealers now are free to operate outside of the unconstitutional restrictions put into place by Gov. Pritzker’s Assault Weapons Ban.

Attorneys in the Illinois Attorney General’s office have sought review of the Appellate Court’s mandate by the Illinois Supreme Court. No action has yet been taken.

A copy of Judge Miller’s temporary restraining order is available here.

Please continue to follow Illinois Review and DeVore Law Offices for more updates on this matter.