Illinois Judge Issues a Partial Temporary Injunction Against Pritzker's Gun Ban

AP Photo/Charles Krupa, File

A downstate Illinois county judge issued a partial temporary restraining order against a new state law that would ban so-called assault weapons, large magazine rifles, and large caliber guns, as well as attachments like pistol stabilizers.

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Effingham County Judge Joshua Morrison slapped the restraining order on the law after former Republican candidate for attorney general Tom DeVore sued to block the law. DeVore claims he’s representing citizens in 85 counties against what he called “an outright attack on the constitutional rights of lawful gun owners across the state.”

Judge Morrison only granted the restraining order to the 850 plaintiffs whose names were in the suit.

Gov. J.B. Pritzker is confident that the courts will uphold his gun grab.

“We are well aware that this is only the first step in defending this important legislation,” Pritzker said. “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.”

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In an 11-page ruling, Morrison affirmed that the plaintiffs have a constitutional right to bear arms that is protected by both the Illinois state Constitution and the Constitution of the United States.

“Plaintiffs are being immediately and irreparably harmed each day in which their fundamental right to bear arms is being denied,” Morrison wrote.

The judge cited a landmark U.S. Supreme Court decision from last year that struck down New York state’s concealed carry law. That 6-3 ruling in New York Rifle & Pistol Association v. Bruen found that the “plain text” of the Second Amendment protected the right of the plaintiffs in that case to carry firearms for self-defense.

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The “plain text” standard is key. It will allow gun owners in other states where there’s a ban on assault guns and other restrictions to force courts to revisit their decisions.

“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,” Morrison also wrote.

Illinois is a one-party state with the Democrats dominating state government and, of course, Chicago municipal government. The Illinois legislature was able to trample the Second Amendment rights of Illinois citizens because the opposition was too weak to resist.

“Plaintiffs are being immediately and irreparably harmed each day in which their fundamental right to bear arms is being denied,” Morrison wrote.

The Illinois State Rifle Association, which has filed its own suit against the new law, cheered the decision.

“This is a clear indication from the court that the General Assembly and Governor Pritzker rammed this law through improperly. The ISRA firmly believes the law is an infringement on all law-abiding residents’ 2nd Amendment rights,” the group said.

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