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Illinois assault weapons ban challenged by two lawsuits — others expected

Lawsuits are trickling in challenging Illinois’ new assault weapons ban. This includes a complaint filed on behalf of more than 800 of his gun owners seeking a temporary injunction against newly enacted laws in southern Illinois.

Separately, the Illinois Rifle Association said Tuesday it plans to file a federal lawsuit challenging the law “immediately.”

The lawsuit, filed Jan. 13 in Crawford County, southern Illinois, is the latest in a legal battle to overturn a law last week that Gov. JB Pritzker called “one of the most powerful offensive weapon bans in the nation.” marked the beginning. The goal of gun rights advocates is to overturn the bill, but it’s unclear which lawsuits are most likely to get high profile as part of that effort.

A separate complaint was filed Tuesday in the Fourth Circuit by former Illinois Republican Attorney General nominee Tom DeVore on behalf of 866 plaintiffs, including Accuracy Firearms LLC. Pritzker, Illinois House Speaker Emanuel “Chris” Welch, Illinois Senate Speaker Don Harmon, Illinois Attorney General Kwame Raul is listed as the defendant.

An emergency hearing is scheduled for Wednesday morning on that lawsuit’s request for a temporary injunction to stay enforcement of the law. It would be held.

Attorney Tom DeVore (left) and Illinois Democratic Attorney General Kwame Raul (right).

Facebook; Anthony Vazquez/Sun-Times file

Pritzker signed a bill last week that immediately bans the sale of assault weapons in Illinois and limits purchases. magazine 10 long guns and 15 handguns. It also produced a rapid-fire device known as the “switch” It’s illegal because it turns a firearm into a fully automatic weapon.

Gun rights advocates were quick to declare that they would take this action in court — Constitutional scholars, Republicans and gun store owners believe it will be overthrown.

The Effingham County lawsuit states that “Defendants violate plaintiffs’ lawful right to keep and bear arms.”

The lawsuit argued that the law violated Article 1, Section 2 of the Illinois Constitution, stating, “No person shall be deprived of life, liberty, or property without equal protection by law.” ‘ said. It also argues that the law violates due process clauses and other constitutional grounds for the process by which the bill was passed.

Legislators used “shell bills” to get bills through Congress more quickly. This is a common Springfield tactic. The lawsuit also alleges that he passed the bill in violation of the three reading requirement that each bill must be read on three different days in both the House and Senate.

The lawsuit seeks an injunction permanently barring the defendant or anyone under the direction or control of the defendant from enforcing the law against the plaintiff.

The first lawsuit challenging the law was filed by Crawford County residents Jeremy W. Langley, Timothy B. Jones, and Matthew Wilson, and the defendants were Illinois Police Commissioner Brendan Kelly and Crawford County’s State Attorney Cole Price Shaner was mentioned.

The lawsuit alleges that a provision of the law requiring gun owners to register their assault weapons violates the Fifth and Fourteenth Amendments to the U.S. Constitution, and that the law prohibits the possession and carrying of weapons, including in self-defense. It alleges that it violates its Second Amendment rights.

Court will prevent gun owners from having to register their weapons or disclose them to Illinois police, and stop authorities from taking any action against those who own unregistered firearms. I am asking the court to It also seeks to prevent the defendants from banning the sale of high-capacity magazines and assault weapons.

Gov. JB Pritzker signed an assault weapons ban last week at the State Capitol in Springfield.

Gov. JB Pritzker signed an assault weapons ban last week at the State Capitol in Springfield.

Tina Svondels/Chicago Sun-Times Files

The governor’s office on Tuesday said the administration is “confident” the law will meet the challenge.

“The governor is confident that the courts will uphold the constitutionality of the Illinois Community Protection Act. is making Illinois a safer place for all residents,” said Pritzker spokesman Jordan Abdaye.

“Despite the political grandstand from people being watched in gun lobbies over voter safety, this law is in effect, and the constant fear of being shot at in places of worship, in parades, or in the streets of Illinois. Protecting the people of the state. Corner.”

Pritzker has a bitter history with Southern Illinois attorney DeVore, who famously fought a legal battle against the governor’s COVID-19 mitigation.

Conflicts often became personal, with DeVore accusing the Democratic governor of “tyrannical behavior” and Pritzker calling DeVore “a con man taking money from parents being taken advantage of.” increase.

DeVore ultimately won that case, challenging Pritzker’s statewide school mask mandate. However, most of Bond County’s legal challenges to Pritzker’s policy have failed.

contribution: John Seidel

https://chicago.suntimes.com/2023/1/17/23559513/illinois-assault-weapons-ban-lawsuit-devore-pritzker-crawford-effingham-tro-state-rifle-assocation Illinois assault weapons ban challenged by two lawsuits — others expected

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