Appellate court upholds restraining order on assault weapons ban
By PETER HANCOCK
Capitol News Illinois
phancock@capitolnewsillinois.com
SPRINGFIELD – A temporary restraining order that partially blocks Illinois’ new assault weapons ban from being enforced will remain in place after a divided state appellate court panel’s ruling Tuesday.
The restraining order was issued Jan. 20 by Effingham County Circuit Judge Joshua Morrison, but it applies only to the 800 or so gun owners and firearms dealers named as plaintiffs in the suit. The case was filed by southern Illinois attorney Thomas DeVore, the unsuccessful Republican candidate for attorney general in 2022.
In a 2-1 ruling, the justices said plaintiffs in the case made a plausible argument that the law violates their rights to equal protection under the law. Under the law, some categories of people – active and retired law enforcement officers, correctional officers and military personnel on active duty, for example – may purchase and possess those weapons. Other groups, such as retired military personnel or those who are not on active duty, are barred from obtaining assault-style weapons after Jan. 1, 2024.
Attorneys for the state argued that it was reasonable to exempt certain groups of people who have extensive training in the use of such firearms. But the court majority rejected that argument, saying: “The fundamental rights at stake require lawmakers to ‘narrowly tailor’ legislation to effectuate its purpose.”
“Perhaps, as suggested during the circuit court hearing, some of the plaintiffs’ employment render them more or equally qualified to possess and purchase weapons than the qualifications required for the exempted classes,” the justices wrote. “Perhaps, some of the plaintiffs’ training is equal to, or superior to, that of the exempted classes.”
In accepting the argument that equal protection rights are at stake, the appellate court also rejected arguments that the General Assembly violated the Illinois Constitution’s requirements that bills deal with only one subject, that they be read three times on different days in both chambers, and the guarantee of due process.
Justice Barry L. Vaughn wrote the decision. Justice Mark M. Boie concurred in the opinion while Justice James R. Moore dissented in part, saying he would have overturned the circuit court entirely by rejecting the equal protection argument.
The law passed through the General Assembly during its lame duck session in January. Although a House Committee held extensive hearings on the bill in December, there was not enough time in the brief lame duck session to meet the constitution’s three-reading requirement.
In order to get around that requirement, they used a common procedure known as a “gut-and-replace,” in which the Senate stripped out the contents of a bill that had already passed the House. Language originally contained in House Bill 5855 was inserted into House Bill 5471, which originally dealt with insurance regulations. The Senate then sent the amended bill back to the House for its concurrence with the amendment.
The House voted to concur on Jan. 10, the final day of the lame duck session, and Gov. JB Pritzker signed it that evening.
The law bans the sale and purchase of a long list of semi-automatic weapons defined as “assault weapons,” .50 caliber rifles and large-capacity magazines, as well as various devices that effectively convert other weapons into something identical to one of the banned weapons.
It also allows people who already own such weapons to keep them, but it requires those owners to register them with the Illinois State Police by Jan. 1, 2024, while also restricting where they can be used or stored.
The law came in response to multiple mass shootings in the United States in which those types of weapons have been used, including the July 4, 2022, mass shooting at an Independence Day parade in Highland Park that left seven people dead and dozens more injured and traumatized.
The ruling means that the state is prevented from enforcing the law against the named plaintiffs in the case. The decision is expected to be appealed to the Illinois Supreme Court.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to more than 400 newspapers statewide, as well as hundreds of radio and TV stations. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
Palos Golf returns to Tinley Expo despite loss of longtime owner
Spread the loveBy Jeff Vorva The Tinley Park Golf Expo returned to the village’s convention center last weekend. So did the Palos Golf Shop. But there was someone very important missing. Thomas Thoss, the longtime owner of the Palos Hills business along with his wife, Nancy, died in October after a battle with cancer. His…
Orland Park officials Geeked up over new safety ranking
Spread the loveBy Jeff Vorva The Geek has spoken. And Orland Park officials liked what it had to say. The MoneyGeek personal finance technology company ranked Orland Park eighth safest out of 952 United States cities between 30,000 and 100,000 residents for 2021. “As crime continues to rise in Chicago and the surrounding suburbs, we…
Willow Springs hires three for police department
Spread the loveBy Steve Metsch All three new hires by the Willow Springs Police Department have some experience working in the village. But as of Jan. 27, they are officially members of the police department. The Willow Springs Village Board, at its most recent meeting, hired Andzeliak Bugajski and Anthony Vosicky as part-time officers and…
Argo wrestlers advance to sectionals
Spread the love From staff reports Nine members of the Argo wrestling team qualified for this weekend’s sectional tournament at the IHSA Class 3A regional at Mount Carmel High School last Saturday. Head Wrestling Coach Matthew McMurray said, “It was a great job by all of our wrestlers as they finished in third place. We…
Spartan Educational Foundation presents Rat Pack tribute
Spread the loveBy Kelly White Oak Lawn Community High School’s Spartan Educational Foundation is dedicated to helping students fulfill their dreams. “The Spartan Educational Foundation is continuously looking for opportunities to raise funding to support our student scholarship and staff mini-grant programs,” Michael Riordan, Superintendent at Oak Lawn Community Hight School and Spartan Educational Foundation…
Stickney’s St. Pius X Parish to merge with St. Leonard
Spread the loveBy Bob Bong St. Pius X Parish in Stickney will merge with St. Leonard Parish in Berwyn this summer, Cardinal Blase J. Cupich, archbishop of Chicago, announced last month. The merger is part of the archdiocese’s ongoing Renew My Church initiative and will take effect on July 1. The new parish will have one…
La Grange twins are Chick Evans scholars
Spread the loveBy Steve Metsch Long hours spent in the La Grange Country Club’s caddie shack – killing time by reading books or playing cards as they wait to be called to duty – have paid off for a brother and sister. Through the past four years, Caroline and Casey Hart honed their skills, learned…
Fun from above
Spread the love While some folks see heavy snowfall and curse the skies, children in Clearing and Garfield Ridge seemed thrilled with last week’s winter windfall. Schools cancelled classes, and kids like Garfield Ridge sisters Makayla, 10, and 6-year-old Mia Hernandez grabbed their plastic sleds and rode ripples of white all afternoon on a large…
Brother Rice’s 11-game win streak ends with loss to Leo
Spread the loveBy Jeff Vorva Staff writer In seemingly a blink of an eye, Brother Rice picked up as many losses as it had all season. The Crusaders headed into last weekend’s action with a 21-2 record and was 10-0 in the Chicago Catholic League Blue. But Friday night, they suffered a 56-50 setback to…
Neighbors
Evergreen Park recognizes police for valor
Spread the loveBy Joe Boyle The Evergreen Park police have been cited for valor after several key arrests that occurred the past couple of months. Police Chief Michael Saunders requested commendations for the officers during the Evergreen Park Village Board meeting Monday night. Mayor Kelly Burke and the board applauded the efforts of the force.…
Hickory Hills police bid adieu and say welcome
Spread the loveBy Nuha Abdessalam The Hickory Hills Police Department bid a fond farewell to Lieutenant Glenn Tienstra and welcomed new Officer Daniel Balzhiser. On a memorable Thursday evening, April 25, city hall was filled with the warmth of community family, friends, officers, and council members, all gathered to joyfully celebrate Officer Balzhiser and respectfully…
Mother Mac unveils new lights and scoreboard
Spread the loveBy Kelly White Across the nation, women’s sports are on the rise in terms of viewership, enthusiasm, sponsorship and excitement. Mother McAuley is no stranger to the impact that women’s athletics has on the development of an individual, strengthening of a team and key skills and attributes developed along the way. South Side…
Cicadas in the park in Palos Park
Spread the loveBy Kelly White Cicadas are coming and the Village of Palos Park is ready. The village hosted its 31st annual Arbor Day Celebration on Sunday, May 5, themed, “The Wonder of Trees” at The Center in the Lodge, 12700 Southwest Highway, with featured speaker, Tricia Bethke of The Morton Arboretum who presented, “Cicadas…
Palos Heights SD 128 sees enrollment boom
Spread the loveBy Kelly White Over the past few years, Palos Heights School District 128 has experienced an explosive growth among incoming students. There has been a significant increase particularly at Indian Hill Early Learning Center, 12800 S. Austin Ave. Chippewa Elementary School, 12425 S. Austin Ave; Navajo Elementary School, 12401 S. Oak Park Ave;…
Comings & Goings: Orange’s Pancake House now open in Palos Heights
Spread the loveBy Kelly White Palos Heights is the home of a popular new breakfast café. Orange’s Pancake House, 11845 Southwest Highway, held a ribbon-cutting event on April 18. Owners, Elvia Briones, of Virgina, and Fernando Cruz, of Evergreen Park, said they were very excited to be in the heart of the Palos Heights community.…
Sisters make Chicago Lawn a world destination
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . Earlier this month was the Fifth Lithuanian Documentary Film Festival, with distinguished guests from Lithuania and other parts of the United States visiting the neighborhood. They held a photo session in the editorial office of…
Happy Mother’s Day to everyone, everyone
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Yet another Mother’s Day is upon us. I wish everyone a happy day. By everyone I do mean everyone. There are a lot of dads who do it alone, along with important mother…
Mother’s Day is truly a day to be celebrated
Spread the love. Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . Mother’s Day happens on Sunday, May 12. If this isn’t something to celebrate, I don’t know what is. Motherhood means new life, new beginnings, new possibilities. Even if you won’t be seeing your mom, you can still…