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
Cruz booted from SD 229 school board in Oak Lawn
Spread the loveBy Dermot Connolly There is a vacancy on the Oak Lawn Community High School District 229 School Board, after members voted 6-1 last week to remove Robert Cruz for allegedly violating his oath of office, school board policy and state statutes. Cruz, a property developer, was elected to the District 229 board in…
Tax exemptions will be automatic, Kaegi says
Spread the loveFrom staff reports In response to the ongoing pandemic, the Cook County Assessor Fritz Kaegi’s office will continue the automatic renewal of the Senior Freeze, Veterans with Disabilities and Persons with Disabilities Exemptions. The Homeowner and Senior Exemptions will continue to auto-renew every year. If a homeowner received any of these five exemptions…
Oak Lawn officials rip governor, legislators over crime
Spread the loveBy Joe Boyle Two Oak Lawn officials are calling for Gov. J.B. Pritzker and local legislators to re-evaluate a police reform law that they say has resulted in a rise in crime. Trustee Alex Olejniczak (2nd) served as mayor pro-tem during the Oak Lawn Village Board meeting Tuesday night in place of Mayor Terry Vorderer,…
Troop 1441 Scout earns Eagle rank
Spread the loveFrom staff reports A journey that began years ago for Adrian Ayala recently culminated in Boy Scouting’s highest honor. Ayala, a member of Boy Scout Troop 1441 (sponsored by the St. Mary Star of the Sea Holy Name Society) was honored at an Eagle ceremony at Duggan Hall on Jan. 13. The Eagle rank…
Hog Wild to open Monday in Oak Lawn
Spread the loveBy Kelly White Dining choices will get a boost in Oak Lawn with the arrival of Hog Wild. The restaurant is scheduled to open Monday, January 17, at 4040 W. 111th St. That’s a week later than originally scheduled. “We are very fortunate here in Oak Lawn to have attracted Hog Wild,” Oak…
Home security cameras could be big help to Orland cops
Spread the loveBy Jeff Vorva Residents of Orland Park could have a hand in solving crime in the village. The board of trustees unanimously approved to move forward with a voluntary security camera registration program at its Jan. 4 meeting. It’s expected to start on Feb. 1. This program gives citizens and businesses a chance…
Ailing eagle on the mend
Spread the loveSeveral blocks northwest of Garfield Ridge—just west of 47th and Harlem–motorists late last month noticed an eagle flying low and acting erratically. The Villa Park-based Chicago Bird Collision Monitors was contacted, and its volunteers found and captured the majestic bird. It was transported to a facility owned and operated by Glen Ellyn-based Willowbrook…
Can’t we just fast-forward to spring?
Spread the loveBy Joan Hadac Your correspondent in Clearing and Garfield Ridge (708) 496-0265 • joan.hadac@gmail.com Hi everyone. Is it spring yet? Is the pandemic over yet? Not that I’m impatient or anything. I want to move forward past all the negative COVID-19 has brought to my life and everyone else’s life. I want to see…
Neighbors
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…
Saint Xavier men’s volleyball finishes historic season in nation’s top 4
Spread the loveBy Jeff Vorva Correspondent The Saint Xavier men’s volleyball team made history by advancing to the semifinals of the NAIA Men’s Volleyball National Championship. But the Cougars fell to eventual national champion Georgetown (Kentucky), 25-21, 25-23, 22-25, 21-25, 15-10, on May 3 at Alliant Energy PowerHouse in Cedar Rapids, Iowa. Although there was…