A downstate decide on Friday struck down the ban on high-power firearms and high-capacity ammunition magazines that Gov. J.B. Pritzker signed into regulation earlier this 12 months, a ruling the Illinois lawyer common’s workplace instantly appealed to the state Supreme Court docket.

The scope of the ruling was a topic of dispute, with the lawyer for the state lawmaker who was the lead plaintiff within the lawsuit arguing that it applies statewide and Pritzker’s workplace contending it doesn’t.

“We anticipated political grandstanding from these extra beholden to the gun foyer than to the security of their constituents and at present’s ruling comes as no shock,” Pritzker spokesman Alex Gough mentioned in an announcement, including that “the governor is assured” the regulation finally might be held constitutional.

Macon County Decide Rodney Forbes wrote in a two-page ruling that the ban, handed by the Democratic-controlled legislature in response to the lethal mass taking pictures at Highland Park’s Fourth of July parade, violates the equal safety and particular laws clauses of the Illinois Structure.

The ruling in some methods mirrors earlier circuit and appellate court docket rulings that briefly lifted the ban for tons of of plaintiffs in authorized challenges introduced by unsuccessful Republican lawyer common candidate Thomas DeVore.

An lawyer for GOP state Rep. Dan Caulkins of Decatur, lead plaintiff within the Macon County lawsuit, mentioned in an announcement that Friday’s ruling applies extra broadly.

Beneath “well-established Illinois authority” the ruling means the ban “is void, as if the regulation by no means existed, and is unenforceable in its entirety, in all functions,” Decatur lawyer Jerrold Shares mentioned.

Caulkins’ lawsuit, which names Pritzker and Legal professional Normal Kwame Raoul, amongst others, as defendants, alleges the ban violates a state constitutional provision that ensures “no individual shall be disadvantaged of life, liberty or property with out due strategy of regulation nor be denied the equal safety of the legal guidelines.”

Amongst different points, the lawsuit, like these introduced by DeVore, argues that the regulation violates the equal safety clause by exempting sure teams, resembling retired cops, however not others, resembling retired members of the army.

Friday’s ruling, “represents a victory in a single battle that’s not, essentially, the tip of the conflict in opposition to the topic laws,” Shares mentioned, acknowledging each the state’s intention to attraction and different ongoing authorized challenges to the regulation.

On this case, the ultimate determination probably will relaxation within the arms of the Illinois Supreme Court docket.

Raoul’s workplace filed its discover of attraction with the excessive court docket Friday and expects it to be accepted Monday, spokeswoman Jamey Dunn-Thomason mentioned in an announcement.

“We’ll ask the court docket for an expedited schedule, and we stay up for defending the act,” Dunn-Thomason mentioned.

A federal court docket in Chicago final month denied a Naperville gun store proprietor’s request for an injunction blocking town’s newly minted ban on the sale of sure semi-automatic weapons together with the state ban.

U.S. District Decide Virginia Kendall discovered that town and state bans “constitutionally sound.”

“Illinois and Naperville compellingly argue their legal guidelines shield public security by eradicating notably harmful weapons from circulation,” Kendall wrote.

On the identical time, the Illinois Supreme Court docket final month agreed to consolidate three associated circumstances introduced by DeVore however declined to incorporate the Caulkins case.

The state is also defending the regulation in opposition to a gaggle of lawsuits introduced in federal court docket within the Southern District of Illinois.

In not less than one of many circumstances, plaintiffs are looking for a short lived restraining order on Second Modification violation grounds. The plaintiffs cite two U.S. Supreme Court docket circumstances, together with one from final 12 months that enormously expanded Second Modification protections by imposing a brand new constitutional check requiring gun legal guidelines to be “traditionally” according to legal guidelines on the books within the 18th century.

Signed by Pritzker hours after it was handed by legislators in early January, the regulation instantly banned the supply, sale, import and buy of weapons which can be designated within the regulation as “assault weapons.”

Beginning subsequent 12 months, individuals who possess weapons lined by the ban should both register them with the state or face a misdemeanor for a primary offense and a felony for subsequent offenses.

dpetrella@chicagotribune.com

jgorner@chicagotribune.com

hsanders@chicagotribune.com