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CHICAGO (WLS) — There is an emergency hearing Wednesday on an attempt to stop the new Illinois assault weapons law from being enforced.
Two lawsuits have now been filed that are the first legal oppositions to Illinois’ new ban on assault weapons.
One is in Effingham County, and the other is in Crawford County.
This is expected to be a lengthy legal process, as several other lawsuits are expected to be filed.
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In the Effingham County case, the attorney said his lawsuit is more so about the way this law was adopted, saying it is unconstitutional
The suit was filed by Tom DeVore, last year’s Republican nominee for Illinois attorney general, on behalf of hundreds of plaintiffs.
He’s also seeking an immediate temporary restraining order.
“The Illinois legislature wants to pass a law that restricts gun rights? Then they need to pass it procedural appropriate,” DeVore said.
DeVore said the lawsuit is not focused on federal gun rights.
“Whether a restriction is good, bad, illegal or not, or violates the Second Amendment, those are for the federal court. And right now, for the state court, these issues are just as big, dealing with the political gamesmanship and the lack of equal protection that’s going on right here in Illinois,” he said.
The legislation came about after a deadly mass shooting during Highland Park’s annual July Fourth parade.
Racks of assault weapons on the shelves of gun shops are still on display, but not for sale. The state ban makes it illegal to sell them or to own them without proper licensing – at least for now.
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In another lawsuit filed in downstate Crawford County, Attorney Thomas Maag cites legal precedent.
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“Firearms of these types that have traditionally been held for lawful purposes simply may not be banned,” Maag said.
Other groups, including the Illinois Rifle Association and the Illinois Gun Rights Alliance, are promising more lawsuits in federal court.
“We anticipate getting some type of injunctive relief very quickly once we file,” said Dan Eldridge, with the Gun Rights Alliance.
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The suits name a number of defendants, including Gov. JB Pritzker and Illinois State Police Director Brendan Kelly.
A number of county sheriffs around the state have publicly vowed not to enforce the new law, prompting an open letter signed by 16 state legislators, criticizing DuPage County Sheriff Jim Mendrick.
“They cannot pick and choose which laws they enforce. They must enforce them all,” said Rep. Maura Hirschauer, D-49th District.
“I don’t think we’re picking and choosing, I think it’s a matter of how we’re interpreting it,” Mendrick said. “I don’t think we’re interpreting this the same way.”
The office of Pritzker, who is at the World Economic Forum in Davos, Switzerland, responded with a statement, saying, “The Governor is confident the courts will uphold the constitutionality of the Protect Illinois Communities Act. This legislation was the result of hundreds of hours of collaboration and cooperation between legal experts, legislators, and advocates, and it makes Illinois a safer place for every resident. Despite political grandstanding from those more beholden to the gun lobby than to the safety of their constituents, this law is in effect and protecting Illinoisans from the constant fear of being gunned down in a place of worship, at a parade, or on a street corner.”
The hearing in Effingham is scheduled to begin at 11 a.m.
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