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IPFS News Link • Illinois

Judge Grants Restraining Order Against Illinois "Assault Weapon" Ban

•, by Tyler Durden

Just 10 days after Illinois Governor J.B. Pritzker signed into law a ban on so-called "assault weapons" and "high-capacity" magazines, a state judge has issued a temporary restraining order against it -- and said legislators and the governor "egregiously violated" procedural requirements under the Illinois Constitution in their rush to enact the measure. 

For now, the restraining order only provides relief to the 866 individual plaintiffs who joined a particular one of multiple lawsuits challenging the ban, but it signals that those plaintiffs are likely to prevail in their suit.

It's also yet another powerful shot across the bow of gun-grabbing politicians, who everywhere find themselves reeling in the face of last year's pivotal Supreme Court decision in New York State Rifle Association, Inc. v Bruen.  

"Plaintiffs are being immediately and irreparably harmed each day in which their fundamental right to bear arms is being denied," wrote Judge Joshua Morrison in his 11-page ruling. He rejected the government's assertion that the law did not impact a fundamental right.

What's more, Morrison said "the plaintiffs have shown a likelihood of success" in their suit against the law, known as the Protect Illinois Communities Act. That likelihood springs largely from the plaintiffs' assertion that the rushed legislative process was unlawful:

"This Court finds that the Defendants [Pritzker et al] unequivocally and egregiously violated the Three Readings Rule of the Illinois Constitution in order to circumvent the Constitutional requirements and avoid public discourse."