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
Rashid calls college demonstrators ‘student heroes’
Spread the love. Rips Israel over “apartheid’ and ‘genocide’ . From staff reports The crisis in Palestine is taking a terrifying turn as the Israeli military is preparing to invade Rafah where more than one million Palestinians have been forced to after their homes in northern Gaza were destroyed, State Rep. Abdelnasser Rashid (D-21st) said…
Titanic memories haunt Worth Library
Spread the loveBy Kelly White This year marks the 112th anniversary of the Titanic’s fateful ship crossing. Bringing the ship back to life was the Worth Public Library on April 15 with a program called, The Haunted Titanic, with local historian Bob Trzeciak, who walked patrons through the history, the lasting impact, and why it…
Spring cleanup day in Bridgeview set for Saturday
Spread the loveBy Steve Metsch Any Bridgeview resident with clutter to clear will be busy Friday night, May 10. That’s when they will be putting all kinds of things on the parkway as the village prepares for its annual spring cleanup day set for Saturday, May 11. All items must be at the curb by…
Family of man killed in McCook struggling with his absence
Spread the loveBy Steve Metsch On what would have been his 37th birthday, the family of Morales Ricardo Lopez gathered at his grave in Evergreen Park Cemetery. Lopez, of Blue Island, was gunned down in McCook early Feb. 17, leaving behind a widow and three children. His family, other relatives and friends gathered at his…
Southwest Symphony presents ‘American Song Book’
Spread the loveFrom staff reports Southwest Symphony Orchestra will perform “The American Song Book” this weekend at Trinity College in Palos Heights. The performance will feature Grammy nominated Helen Welch under the direction of David Crane at 7:30 p.m. Saturday in Trinity Christian College’s Ozinga Auditorium. Welch will perform some of America’s best loved classics.…
Shoppers welcome back Evergreen Park Farmers Market
Spread the loveBy Joe Boyle Rain was forecast for the morning of May 2, but nothing could dampen the spirits of customers who dropped by the Evergreen Park Farmers Market. The large crowd that attended were instead greeted with mostly sunny skies. Beth Novotney, director of the Evergreen Park Office of Citizen Services that oversees…
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…
Neighbors
First Secure Bank to host American Eagle gold coin sale
Spread the loveFrom staff reports First Secure Bank & Trust of Palos Hills announced its annual May sale of 1-ounce and ¼-ounce American Eagle Gold Coins, produced by the U.S. Mint, will take place from 10 a.m.to noon on Saturdays, May 4, May 11, May 18 and May 25. The sale will take place at…
Donate teddy bears to our local police
Spread the love. Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . Have you ever seen the 1955 movie The Night of the Hunter? The children in this movie show such bravery and acceptance in what life has thrown at them. They have to deal with unimaginable events and sadness. …
Boy Scouts collecting tattered flags for disposal
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Goodbye April, hello May. Our American Flag, the symbol of our country, should always be treated with respect. But after bearing Chicago’s brutal winters and hot blazing summers along with being in the…
Oak Lawn trustee says village needs state grocery tax
Spread the loveBy Joe Boyle An Oak Lawn trustee said that Gov. J.B. Pritzker’s proposal to eliminate the state’s grocery tax will be costly for the village. Trustee William “Bud” Stalker (5th), accompanied by Mayor Terry Vorderer, recently returned from a fact-finding trip to Springfield where they learned more about the governor’s proposal to eliminate…
Palos Heights recognizes volunteers
Spread the loveBy Nuha Abdessalam Palos Heights handed out awards last week recognizing the services provided by volunteers through the years. The proclamations, which were read aloud during the city council meeting April 16, were a testament to the city’s volunteers and were handed out as part of Volunteer Recognition Week. Volunteers were cited for…
Boys Volleyball | Richards weathering struggles after run of success
Spread the loveBy Xavier Sanchez Correspondent After a tough weekend at the Smack Attack tournament, Richards got back into the win column with a two-set victory over Eisenhower in a South Suburban Red match. The Bulldogs made quick work of the Cardinals, winning 25-16, 25-15 on April 23 in Oak Lawn to snap a five-match…
SD218 puts on annual Arts Extravaganza
Spread the loveBy Kelly White The arts have become a major portion of the curriculum Community High School District 218. Showcasing those many talents, the Friends of CHSD 218’s Education Foundation proudly hosted its 15th annual Arts Extravaganza on April 5 at Eisenhower High School in Blue Island. “The Arts Extravaganza is a great event…
Gaming licenses to be tougher to get in Orland Park
Spread the loveBy Jeff Vorva It’s going to take longer to receive gaming licenses in Orland Park. The village board passed an ordinance April 15 that would allow table service businesses open at least 36 consecutive months to apply rather than the previous 18 months, and extended the probationary period to 18 months instead of…
Palos Park passes $16 million budget
Spread the loveBy Jeff Vorva The Palos Park Village Council approved the 2024-25 budget, which totals a little more than $16.3 million at the April 22 village council meeting. According to village documents, it represented an increase of a shade over $603,000 from last year. The village is expecting $13.4 million in revenue and $1.86…