Illinois Judge Issues Second Block on So-Called “Assault Weapons” Ban
An Illinois judge issued a second temporary restraining order on Thursday against a ban on so-called “assault weapons” and magazines that hold more than 12 rounds.
The lawsuit (pdf), filed by 1,690 plaintiffs against Gov. J.B. Pritzker (D‑Ill.) in January, argued that the Protect Illinois Communities Act (HB 5471) violated multiple clauses in the Illinois Constitution, including the single subject rule, three readings clause, due process clause, and equal protection clause.
White County Resident Circuit Judge T. Scott Webb dismissed the first three allegations but ruled in favor of the plaintiffs on the fourth claim, the violation of the equal protection clause.
Webb noted that since there is no legislative history for the court to review regarding how the legislature chose who to exempt from the ban, “this Court finds that the Act fails to meet the standard.”
“To this end, this Court finds that the Plaintiffs have established a protectable right and are likely to succeed on the merits,” he wrote in his ruling (pdf).
The Democratic-controlled Illinois legislature passed the law in January imposing …