Judge Temporarily Blocks Unconstitutional Illinois ‘Assault Weapons’ Ban
Bo Banks
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On Friday, an Illinois judge temporarily blocked the state’s assault weapons ban.
The ban was meant to prohibit the sale and distribution of “assault weapons.” Along with high-capacity magazines and parts that convert handguns into so-called assault weapons.
The measure was signed into law by Democrat Gov. J.B. Pritzker just days prior to the lawsuit by Accuracy Firearms LLC, and more than 800 individuals, which brought this case to Effingham County Judge Joshua Morrison.
The Illinois State Rifle Association has also brought lawsuits against the law, saying it violates their Second Amendment rights.
If passed, Illinois – which is known for being incredibly liberal, with much attribution for that being because Chicago and its impact – would further blur the lines between how a law-abiding American could protect themselves in the state.
From The Hill:
Morrison ruled that the plaintiffs are substantially likely to succeed on the merits of their argument that the Illinois government did not comply with state regulations requiring legislation to have one subject or to be read three times in each house of the legislature and violated the due process and equal protection clauses of the state constitution…
…Morrison ruled that the plaintiffs in the case have a clear right in need of protection given that the legislation impacts rights protected by the Second Amendment to the U.S. Constitution and that they will suffer irreparable harm without the pause on the law, according to a copy of the ruling obtained by Champaign, Ill., CBS affiliate WCIA.
To many people’s surprise, it appears that even the state of Illinois has enough of a conservative and 2A supporter base to duke out unconstitutional laws like this one in court.
The law has, apparently, been so unpopular that even Illinois Sheriffs are refusing to enforce it.
Some have even speculated this “assault weapons” ban attempt could make its way all the way to the Supreme Court in the near future. And by no means will this be the end of the ongoing gun debate in Illinois.
More from The Hill:
Part of the Illinois Constitution requires legislation to center around a single subject, but Morrison said the law, the Protect Illinois Communities Act, has an overbroad title and a provision about human and dog trafficking.
Morrison also found that the state government “unequivocally and egregiously” violated the Illinois Constitution’s Three Readings Rule to avoid constitutional requirements and public disclosure.
He additionally took issue with which individuals were exempted by the legislation, finding that he cannot see a difference in people such as wardens, who are not affected by the legislation, being necessarily better trained in handling weapons than retired military personnel, who are not exempt.
Some who have followed this story believe the law will ultimately be scrapped, while others think Democrats who are gung-ho about gun control measures will simply follow Morrison’s strict rules then pass the law again.
Regardless, this temporary block serves as a major blowback to the anti-2A movement.
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