EFFINGHAM, Ill. (WAND) – The first legal battle in efforts to overturn Illinois’ ban on the sale of assault style weapons is being fought in Effingham.
On Friday, an Effingham County Judge issued a temporary restraining order against the assault weapons ban for four gun dealers in Effingham county. The ban remains in place until a court hearing February 1st.
Attorney Tom DeVore headed the legal battle and argued before the judge the ban violates equal protection provisions under the law. One example is under the new law active military are exempt from the ban while retired military are not.
Governor JB Pritzker issued the following statement on the decision by Effingham County Judge Morrison on the Protect Illinois Communities Act:
“This decision is not surprising. 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. 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.
Illinoisans have a right to feel safe in their front yards, at school, while eating at bars and restaurants or celebrating with their family and friends. The Protect Illinois Communities Act takes weapons of war and mass destruction off the street while allowing law-abiding gun owners to retain their collections. I look forward to the next steps in this case and receiving the decision this case merits.”
Senate President Don Harmon (D-Oak Park) also released a statement regarding the decision:
“We passed the Protect Illinois Communities Act to get dangerous weapons off the street and create a safer state. This ruling will be appealed. We look forward to our day in court to zealously advocate for our neighbors who are weary of the gun violence epidemic.”
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