Judge Blocks Enforcement Of Illinois Assault Weapons Ban On 850 People

EFFINGHAM, IL — A Southern Illinois judge on Friday issued a temporary restraining order blocking enforcement of the Protect Illinois Communities Act, the ban on assault-style weapons and certain magazines signed into law last week.

Circuit Judge Joshua Morrison found that state lawmakers had engaged in "blatant disregard for Constitutional Law" and were likely to lose on the merits.

"Any legislation that has the potential to restrict fundamental Constitutional rights must be considered carefully. The Defendants in this case did not follow the procedural requirements necessary for this legislation to stand up to the strict scrutiny that is required when restricting rights to avoid definitional irreparable harm," Morrison said.

"Further, this legislation has used criteria to choose who can and cannot possess the weapons that [was] without due consideration," the judge said. "Additionally, due to the speed with which this bill was passed, the effect to protected classes could not have been considered, nor could the Legislature have studied if this was the least restrictive way to meet their goal."

The suit was filed by Tom DeVore, the Republican candidate for attorney general in last November's election, on behalf of more than 850 plaintiffs from 83 counties, including gun owners and licensed firearm dealers.

Morrison's ruling only blocks state officials from enforcing the new law on the named plaintiffs, which he said "are being immediately and irreparably harmed each day in which their fundamental right to bear arms is being denied," according to his 11-page order.

DeVore celebrated the ruling with a glass of wine in a video message posted to social media following the issuance of the temporary restraining order.

"In the long run, we're trying to get the whole law invalidated," DeVore said.

"My phone has been blowing up with people going, 'Oh I want to join, I want to join.' Sorry there is no more opportunity for that," he said. "That barn door is shut. It's just going to have to be what it is. We get to the end of this case in the state court and hopefully it will have statewide impact at that point in time, and that's ultimately the goal."

The case is due back in Morrison's courtroom for a Feb. 1 hearing on a preliminary injunction.

"This decision is not surprising," Gov. J.B. Pritzker said. "Although disappointing, it is the initial result we've seen in many cases brought by plaintiffs whose goal is to advance ideology over public safety. We are well aware that this is only the first step in defending this important legislation.

In a statement, Pritzker said the law permits law-abiding gun owners to "retain their collections" while removing "weapons of war and mass destruction" from Illinois streets. He said he looked forward to an eventual decision on the merits of the case.

"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 governor said.

Challenges to laws in those states are ongoing, with the 4th U.S. Circuit Court of Appeals currently considering whether to toss out Maryland's ban in light of the Breun decision.

The Protect Illinois Communities Act, or House Bill 5471, was drafted by lawmakers in response to the July 4, 2022, mass shooting at the Highland Park Independence Day parade, which killed seven people and wounded nearly 50 others. The law, sponsored passed on a mostly party-line vote in the final hours of this month's lame-duck session in Springfield.

Highland Park Mayor Nancy Rotering said she stands with state officials to defend the constitutionality of the law.

"Today’s court decision to grant a temporary restraining order against the State’s assault weapons ban is disappointing. After finally attaining some relief, political grandstanding and ego are standing in the way of our opportunity to regain some freedom to live free from fear," Rotering said. "It is sad that the plaintiffs in this and other cases filed feel it is more important to allow the public to access combat weapons than to protect our human right to live freely in our communities."

Another state court challenge to the bill, which defines and restricts "assault weapons" and "high capacity ammunition feeding devices" has been filed in Crawford County.

And a federal lawsuit is also pending in the Southern District of Illinois, where St. Clair County resident Dane Harrel, C4 Gun Store, Marengo Guns, Firearms Policy Coalition, the Illinois State Rifle Association and the Second Amendment Foundation aim to have a judge declare the Illinois gun ban unconstitutional in light of last year's landmark expansion of firearm ownership rights in New York State Rifle & Pistol Association v. Bruen.

Related: Illinois Assault Weapon Ban Challenges Filed In State, Federal Courts