By Illinois Review
On Wednesday morning, in a hearing to discuss Democratic Gov. JB Pritzker’s assault weapons ban, 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 a ruling would follow after further review.
Due to the weather, the hearing was held over zoom.
The lawsuit raises the same claims as the one filed last week in Effingham County 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 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.
Last Friday night, Effingham County Judge Joshua Morrison granted DeVore’s motion and issued a Temporary Restraining Order (TRO), halting Pritzker’s assault weapons ban effective immediately while the lawsuit proceeds.
A link to the Complaint can be accessed here.
Please continue to follow Illinois Review and DeVore Law Offices for more updates as they become available.