State preparing further defense of assault weapons ban
By PETER HANCOCK
Capitol News Illinois
phancock@capitolnewsillinois.com
SPRINGFIELD – Gov. JB Pritzker and legislative leaders said they were disappointed but not surprised by a judge’s decision late Friday putting a temporary and limited halt to enforcement of the state’s recently-passed assault weapons ban.
Effingham County Judge Joshua Morrison issued the temporary restraining order late Friday afternoon, but it applies to only the 800-plus plaintiffs in the case filed by Tom DeVore, the unsuccessful 2022 GOP candidate for attorney general.
“Although disappointing, it is the initial result we’ve seen in many cases brought by plaintiffs whose goal is to advance ideology over public safety,” Pritzker said in a statement shortly after the order was announced.
House Speaker Emanuel “Chris” Welch, D-Hillside, and Senate President Don Harmon, D-Oak Park, issued similar statements within hours of the judge’s decision.
“We passed the Protect Illinois Communities Act to get dangerous weapons off the street and create a safer state,” Harmon said in a statement. “This ruling will be appealed. We look forward to our day in court to zealously advocate for our neighbors who are weary of the gun violence epidemic.”
But the Illinois State Rifle Association, which has filed a separate challenge to the law in federal court, applauded Morrison’s ruling, saying the ruling is “a clear indication” that Pritzker and lawmakers “rammed this law through improperly.”
In his ruling Friday, Morrison sided with the plaintiffs’ argument that there were legitimate issues about whether the law violates their rights to due process and equal protection because it limits most people’s Second Amendment right to keep and bear certain firearms, while at the same time exempting some groups of people from the law but not others.
But Morrison also devoted much of the opinion to the procedural shortcuts lawmakers used to pass the bill – shortcuts routinely used in order to pass legislation quickly, especially when the General Assembly is facing statutory or constitutional deadlines.
In this case, the law’s underlying bill, House Bill 5471, passed through both chambers in its final form during the final two days of the legislature’s “lame duck” session earlier this month, with Pritzker signing the bill the night of Jan. 10. At noon the next day, Jan. 11, newly-elected lawmakers were sworn in and a new biennial session began, meaning the process would have had to start over after that point.
A House committee held multiple hearings on the bill in December, but at that time the draft language of the bill was contained in HB5855.
The Illinois Constitution requires that bills be read by title into the record on three different days in each chamber, a process that would normally take at least five days to complete. But at the tail end of the lame duck session, lawmakers didn’t have that much time, so engaged in a commonly-used maneuver known as “gut and replace.”
That means the Senate took a bill that had already passed the House – in this case, one amending a portion of the state’s Insurance Code dealing with public adjusters – gutted it of all its content and replaced that content with the language of the assault weapons ban. Then they sent the “amended” bill back to the House for an up-or-down concurrence vote.
“This Court finds that the Defendants unequivocally and egregiously violated the Three Readings Rule of the Illinois Constitution in order to circumvent the Constitutional requirements and avoid public discourse,” Morrison wrote.
Morrison also said he believes the legislation violates the Constitution’s requirement that bills be limited to only one subject, unless they deal with appropriations, codification, revision or rearrangement of laws. He said the assault weapon bill violates that provision because it contains provisions that also relate to human trafficking and drug trafficking.
The Illinois Supreme Court, however, has historically declined to strike down legislation based on either of those two arguments, ruling repeatedly that if the speaker of the House and president of the Senate both certify that a bill was properly passed, the court would not second-guess that decision.
Morrison was just elected as a 4th Circuit judge in November. Prior to that, he had been the state’s attorney in Fayette County and was among a group of state’s attorneys who sued the state to challenge the constitutionality of the sweeping criminal justice reform law passed in 2021 known as the SAFE-T Act.
In 2020, during the height of the COVID-19 pandemic, Morrison also wrote to Attorney General Kwame Raoul to question the enforceability of Pritzker’s emergency orders at the time. DeVore later cited that letter as part of his 2022 campaign for attorney general.
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
Worth Library celebrates 60th anniversary
Spread the loveBy Kelly White The Worth Public Library has been around for decades. Resting in the heart of the village at 6917 W. 111th St., the library held an event focusing on its rich background story on April 23 with a historical photo exhibit. “It’s amazing because this library is still so important to…
Rose Zubik, Woman’s Club veteran, installed as 3rd District president
Spread the love Rose Zubik, of Palos Heights, the new president of the 3rd District General Federation of Women’s Clubs-Illinois, lights a candle during the installation ceremony held April 27 at Fox’s Restaurant in Orland Park. Heather Linehan, the outgoing president, is beside her.By Dermot Connolly A longtime member of the Palos Heights Woman’s Club…
Shots fired in Chicago Ridge Commons parking lot
Spread the loveFrom staff reports Shots were fired Wednesday night in the parking lot at Chicago Ridge Commons mall. Police said they received reports of the shooting about 9:45 p.m. No injuries were reported. Multiple witnesses told police four men were walking through the parking lot from the XSport Fitness area. They approached two vehicles…
Hair salon with a ‘flair’ marks first year in Chicago Ridge
Spread the loveBy Joe Boyle Melissa Kowalski wanted to do something meaningful to mark the first-year anniversary of her Flair With Hair Salon in Chicago Ridge. “We did not have a grand opening last year so I wanted to do something really special,” Kowalski said. “We wanted to say thank you to our clients.” Kowalski,…
Palos East fifth-grader wins Scholastic Storyworks writing contest
Spread the loveGabriel Chowaniec, a fifth-grader at Palos East Elementary School, has been named a winner of the Scholastic Storyworks Magazine writing contest. Gabriel, who is a student in Cathy Casey’s fifth-grade classroom, was named one of only five winners nationally for the December 2023/January 2024 competition. Garbriel’s submission for the nonfiction story “The Shattered Land,” “showed a strong understanding of the text along with the ability to author a well-organized…
Shepard celebrates Autism Week
Spread the loveBy Kelly White World Autism Acceptance Week is organized by the National Autistic Society in the first week of April and aims to raise awareness about the challenges autistic people face across all areas of society. Not missing out the opportunity to celebrate all-inclusion was Shepard High School, 13049 S. Ridgeland Ave., Palos…
Billions of cicadas get ready to raise a racket
Spread the loveBy Kelly White If you haven’t heard the buzz yet, you will soon. With 2024 marking a big year for periodical cicadas in Illinois, billions of the red-eyed buggers will soon be making an appearance. Periodical cicada broods XIII and XIX will be emerging throughout much of the state at the same time.…
‘A man of honor, a beacon of kindness’
Spread the love. Chicago weeps for Officer Luis Huesca . By Tim Hadac People across the Southwest Side shed tears earlier this week, as throngs of police officers and other filled the St. Rita of Cascia Shrine Chapel at 77th and Western for a funeral Mass for CPD Officer Luis M. Huesca. Officer Huesca was…
Archer Manor Little League starts its 2024 season
Spread the love. Sunny skies and mild temperatures greeted the boys and girls, moms and dads, umpires and coaches, and everyone else participating in Archer Manor Little League’s Opening Day parade and ceremonies at Archer Park. Since 1952, AMLL has provided athletic opportunities for thousands of boys and girls in Archer Heights, West Elsdon, Central…
Neighbors
Sophia Smith’s brace sinks Red Stars
Spread the loveBy Jeff Vorva Correspondent Home has not been that sweet lately for the Chicago Red Stars. The team lost its second straight game at SeatGeek Stadium with a 2-0 setback to Portland in front of an announced crowd of 4,443 on April 27. Portland star Sophia Smith scored in the 10th and 26th…
Nazareth Academy celebrates ‘special talent’ J.J. McCarthy in NFL Draft
Spread the loveBy Steve Metsch Dennis Moran has no doubts that J.J. McCarthy – the former Nazareth Academy quarterback who is now with the Minnesota Vikings – will succeed in the National Football League. Moran was among about 60 or so Nazareth Academy fans, friends and coaches who gathered Thursday night at The Stadium Club…
Brother Rice names Al Perez next soccer coach
Spread the loveBy Jeff Vorva Correspondent A few new coaches are dotting the area high school athletic scene. One of the more notable hires was Brother Rice bringing Al Perez aboard as the soccer coach. Perez led Chicago Public League power Washington to a Class 2A state championship in 2013, a fourth-place finish in 2015…
Police Council rallies to save ShotSpotter
Spread the love. By Alexis Bocanegra Your correspondent in Clearing and Garfield Ridge (773) 949-1509 • grcl.alex23@gmail.com . Chicago Lawn (8th) District Police Council members Mark Hamberlin, Al Cacciottolo and Jason Huff have created an online petition to save ShotSpotter. As you may have read in the Clear-Ridge Reporter & NewsHound back in March, Mayor…
Capacity crowd speaks out against Evergreen Park dispensary
Spread the loveBy Joe Boyle Additional chairs had to be brought out to seat an overflow crowd of Evergreen Park residents who attended a meeting April 15 regarding a proposed cannabis dispensary for the village. And many who were in attendance voiced their opposition to having a dispensary in Evergreen Park. Most of the people cited…
Countryside puts dog park on hold, will require leashes in two parks
Spread the loveBy Steve Metsch The city of Countryside has put on hold building a dog park, but canines and their owners are still in store for a treat. The city council has unanimously approved a plan to permit dogs in City Park and Countryside Park this year. Previously, they were not allowed in the…
Bridgeview approves auto repair shop
Spread the loveMoves up time for May 1 village board meeting By Steve Metsch Bridgeview is getting a new automotive repair shop. The village board at its April 17 matinee meeting approved a special use permit that will allow a repair shop at 9010 S. Beloit Ave. There was no discussion among trustees. The board…
Summit Fire Department blood drive draws a crowd
Spread the loveBy Carol McGowan The Summit Fire Department, along with the Village of Summit, and the Argo Summit Lions Club held a blood drive this past Saturday, and it drew a crowd that even impressed the American Red Cross. It took place from 9 a.m. until 2 p.m. with non-stop donors walking through the…
Hodgkins toasts village businesses
Spread the loveBy Carol McGowan Hodgkins Mayor Ernest Millsap and the Board of Trustees celebrated the village’s businesses at its annual Business Appreciation Breakfast on April 10. Over 100 people gathered at the Hodgkins Administration Center for a hearty breakfast hosted by the village. Representatives from many businesses that are located in or that work…