WHITE COUNTY, Ill. (WTVO) — Another Illinois judge issued a temporary restraining order against Illinois’ “assault weapons” ban, adding another 1,690 plaintiffs to the 866 already shielded from the ban.
The Center Square reported that a White County judge’s restraining order prevents the state from enforcing the ban on 170 semi-automatic weapons to those who filed suit.
“The Defense argues that the Act was passed to curtail mass shootings, which have become a scourge on our nation. However, there is no legislative history to the Act that may shed light on that issue,” said 5th Circuit Court of Appeals Judge T. Scott Webb said. “Neither have any studies been submitted or even referenced that demonstrate a ban on assault weapons and high-capacity magazines would alleviate mass shootings.”
A circuit court judge in Effingham County issued the first temporary restraining order last week, which was upheld by an appellate judge this week.
Attorney General Kwame Raoul is asking the Illinois Supreme Court to expedite its schedule to review the Effingham County ruling.
Democratic Gov. J.B. Pritzker signed the law on January 10th in response to the shooting deaths of seven at the Fourth of July parade in the Chicago suburb of Highland Park, where 30 were also injured.
The law bans the sale or possession of more than 170 semi-automatic guns and requires current owners of the weapons to register with the state police by January 1st, 2024.
Many county sheriff’s across the state say they will not enforce the ban, as it conflicts with the 2nd, 5th, and 14th amendments to the U.S. Constitution, which grants citizens the right to bear arms, the right against self-incrimination, and the right to equal protection under the law.
Proponents of the law have labeled the guns as “assault weapons,” but gun shop owners have argued that true assault weapons – those used by the U.S. military – are already illegal. They are fully automatic machine guns like the M16 and the AK47, which were banned by the federal government in 1986.
Several lawsuits have been filed against Illinois over the ban, and are proceeding through the judicial system.
Last week, Illinois State Police (ISP) filed a motion to consolidate three federal lawsuits, including one brought by the Illinois State Rifle Association.