“The Defendants in this case did not follow the procedural requirements necessary for this legislation to stand up to the strict scrutiny that is required when restricting rights to avoid definitional irreparable harm.”
Judge Joshua Morrison of the Circuit Court of the Fourth Judicial Circuit in Effingham County, Illinois, placed a temporary restraining order on the Illinois gun ban.
HB 5471 “bans the delivery, sale and purchase of any” of those so-called “assault weapons” in Illinois. It also doesn’t allow a rifle “to accommodate more than 10 rounds, with a 15-round limit for handguns.”
Effingham County-based Accuracy Firearms filed a lawsuit against the state, alleging the law violated the Second Amendment. Another “lawsuit was filed in Crawford County,” claiming the law violated the Fifth and Fourteenth Amendments.
The Illinois State Rifle Association and gun stores filed a federal lawsuit against Illinois.
Morrison’s decision addressed Accuracy Firearms and the other plaintiffs, coming to over 860 Plaintiffs.
The decision only affects those Plaintiffs, not everyone in Illinois.
Any legislation that has the potential to restrict fundamental Constitutional rights must be considered carefully. The Defendants in this case did not follow the procedural requirements necessary for this legislation to stand up to the strict scrutiny that is required when restricting rights to avoid definitional irreparable harm. Further, this legislation has used criteria to choose who can and cannot possess the weapons that without due consideration. Additioonally, due to the speed with which this bill was passed, the effect to pretcted classes could not have been considered, nor could the Legislature have studied if this was the least restrictive way to meet their goal.
Illinois Attorney General Kwame Raoul already “asked that the Illinois Appellate Court reverse and vacate the restraining order.”DONATE
Donations tax deductible
to the full extent allowed by law.