Illinois gun control law slapped with restraining order by judge just days after it goes into effect

An Illinois decide on Friday briefly blocked Democratic Gov. J.B. Pritzker from imposing a newly enacted ban on sure semiautomatic rifles and high-capacity magazines.

Effingham County Choose Joshua Morrison slapped the gun management legislation with a short lived restraining order after former Republican candidate for legal professional normal Tom DeVore sued to dam the legislation. DeVore mentioned in a press launch he is representing residents from 87 Illinois counties who’re difficult the legislation, which he referred to as, “an outright assault on the constitutional rights of lawful gun homeowners throughout the state.” 

Morrison’s ruling solely applies to 850 plaintiffs listed within the lawsuit in Effingham County and 4 licensed gun sellers.

Pritzker mentioned he was not stunned by the choice and accused the plaintiffs of advancing “ideology over public security” in in search of to have the legislation struck down.

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“We’re properly conscious that that is solely step one in defending this vital laws,” Pritzker mentioned. “I stay assured that the courts will uphold the constitutionality of Illinois’ legislation, which aligns with the eight different states with comparable legal guidelines and was written in collaboration with lawmakers, advocates, and authorized consultants.”

In an 11-page ruling, Morrison affirmed that the plaintiffs have a constitutional proper to bear arms that’s protected by each the Illinois state Structure and the Structure of the US. 

“Plaintiffs are being instantly and irreparably harmed every day during which their elementary proper to bear arms is being denied,” Morrison wrote. 

The decide cited a landmark U.S. Supreme Courtroom determination from final yr that struck down New York state’s hid carry legislation. That 6-3 ruling in New York Rifle & Pistol Affiliation v. Bruen discovered that the “plain textual content” of the Second Modification protected the correct of the plaintiffs in that case to hold firearms for self-defense.

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FILE – Illinois Gov. J.B. Pritzker appears to be like to supporters after he defeated GOP challenger Darren Bailey on Nov. 8, 2022, in Chicago.
(AP Photograph/Seth Perlman, File)

“Because of the velocity with which this invoice was handed, the impact to protected courses couldn’t have been thought of, nor may the Legislature have studied if this was the least restrictive solution to meet their purpose,” Morrison additionally wrote.

Pritzker signed the legislation on Jan. 10 in response to the mass taking pictures that killed seven and injured 30 on the Highland Park July Fourth parade. The legislation bans dozens of particular varieties of rapid-fire handguns and rifles, .50-caliber weapons, attachments and limits cartridges to 10 rounds for lengthy weapons and 15 rounds for pistols.

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Individuals lay flowers and playing cards close to a spot the place a mass taking pictures befell throughout the 4th of July parade in Highland Park, Illinois.
(Jacek Boczarski/Anadolu Company by way of Getty Pictures)

The governor defended the gun management legislation, referred to as the Defend Illinois Communities Act, saying it “takes weapons of struggle and mass destruction off the road whereas permitting law-abiding gun homeowners to retain their collections.” 

“I sit up for the subsequent steps on this case and receiving the choice this case deserves,” he added.

The Illinois State Rifle Affiliation, a gun rights group that filed a separate federal problem to the legislation management legislation, applauded Morrison’s ruling. 

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“This can be a clear indication from the courtroom that the Normal Meeting and Governor Pritzker rammed this legislation by improperly. The ISRA firmly believes the legislation is an infringement on all law-abiding residents’ 2nd Modification rights,” the group mentioned. 

The Related Press contributed to this report.