An emergency hearing surrounding the Protect Illinois Communities Act was held in downstate Effingham County late Wednesday morning, with hundreds of plaintiffs seeking a temporary restraining order on the legislation that effectively bans assault weapons in Illinois.
According to court documents, the suit, filed on behalf of more than 860 plaintiffs in Effingham County, claims the law violates several constitutional rights.
Under a temporary restraining order that the lawsuit is seeking, possession and sale of these weapons among the plaintiffs of the suit would be restored as the matter works its way through the courts. The judge in the case is expected to make a decision on that restraining order by Friday.
Leading the legal team in the Effingham County lawsuit is former Republican Attorney General candidate Thomas DeVore, who expressed confidence his lawsuit would prevail in state and federal court, while noting the absence of Senate President Don Harmon and House Speaker Emanuel Chris Welch in court.
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"There was no representation here today for the Speaker of the House or President Harmon," DeVore said.
"I think people 'ought to pay attention to that because if they're so adamant that the way they're passing these procedural issues is proper, why weren't they here defending themselves?"
On Wednesday, a second lawsuit was filed in Crawford County in the southeastern part of the state, that says the bill not only violates the Second Amendment right of citizens to bear arms -- but it also goes a step further, alleging the state violated Fifth Amendment rights against self-incrimination, and 14th Amendment rights of equal protection.
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The Illinois State Rifle Association has also promised to file its own suit against the bill.
"The ISRA leads the charge in opposing Illinois' new gun legislation, which we believe to be unconstitutional," a statement from Richard Pearson, Executive Director of the ISRA said Tuesday. "We will be filing a federal lawsuit imminently."
On Wednesday, the office of Illinois Gov. J.B. Pritzker released a statement, expressing optimism that the legislation will prevail in court while referencing a Wednesday Supreme Court ruling, when the country's top court declined to block gun restrictions in New York.
"The Governor is confident the courts will uphold the constitutionality of the Protect Illinois Communities Act. This legislation was the result of hundreds of hours of collaboration and cooperation between legal experts, legislators, and advocates, and it makes Illinois a safer place for every resident. Despite political grandstanding from those more beholden to the gun lobby than to the safety of their constituents, this law is in effect and protecting Illinoisans from the constant fear of being gunned down in a place of worship, at a parade, or on a street corner," a statement from Pritzker's office said.
The "political grandstanding" Pritzker's office invokes is likely referring to dozens of County Sheriff's offices across the state vowing to not enforce the recently passed bill.
Additionally, Illinois Senate President Don Harmon issued the following statement Wednesday as the legal battles surrounding the legislation heat up:
“We fought in Springfield for safer streets and to protect our children and neighbors from weapons of war. We knew all along the fight would likely continue in the courtroom, and we look forward to our day in court and another chance to advocate for the needed safeguards within the Protect Illinois Communities Act,” a statement from Harmon said.
What the Illinois Assault Weapons Ban Says
The legislation bans the delivery, sale and purchase of any assault weapons in the state, and affects dozens of specific brands or types of rifles and handguns, .50-caliber guns, attachments and rapid-firing devices.
Additionally, no rifle will be allowed to accommodate more than 10 rounds, with a 15-round limit for handguns, the bill says.
Those who already own such guns will have to register them, including serial numbers, with the Illinois State Police. The new law enables merchants to sell or return current stock and Illinois-based manufacturers can sell their wares outside Illinois or to law enforcement.
A report from the Associated Press says eight states and the District of Columbia currently have bans on semiautomatic weapons, according to Tanya Schardt, working in favor of the legislation for the Brady Campaign. They differ in their definitions of semiautomatic weapons, but generally they ban 10-round clips for long guns and handguns. The bans have survived constitutional challenges in scores of courts, she said.
Five states — California, Connecticut, Hawaii, New Jersey and New York — require registration of guns purchased previous to the law, Schardt said. The other three states with bans are Delaware, Maryland and Massachusetts.
Registration often angers current owners but most tolerate the collection of information, Schardt said.
The legislation also provides protection. If police stop a car driven by a semiautomatic gun owner, for example, they can instantly check to ensure it's legally owned. And it allows law enforcement to trace a gun that, for example, is stolen and used in a crime.
What Could be Next With the Protect Illinois Communities Act?
While a decision in an Effingham County court regarding a temporary restraining order for the legislation is expected by Friday, several other lawsuits involving the bill could impact how potential enforcement plays out.
The federal lawsuit filed Wednesday by the Illinois State Rifle Association and several gun store owners is the first of the suits to involve a federal court, with that lawsuit filed in the Southern District of Illinois.
While the ISRA's federal lawsuit could simply be dismissed in federal court, the bill could be in store for a prolonged federal legal battle if the lawsuit were to be taken up a federal appeals court, or potentially the Supreme Court.
Similarly, the state lawsuits could progress through the Illinois Judiciary if not dismissed by the Circuit Courts that the suits have been filed in.
