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Effingham Court Judge to rule Friday on TRO on new weapons law

By Bruce Kropp Jan 18, 2023 | 3:22 PM

The unsuccessful candidate for Illinois Attorney General who fought the Governor over COVID-19 restrictions is taking him on again over provisions of the new ban on semi-automatic weapons.

Thomas DeVore of Greenville claims in the lawsuit filed in Effingham County Court that lawmakers violated the state constitutional rights of gun owners in the measure.   The suit has been filed on behalf of Accuracy Firearms LLC of Effingham and has 865 other defendants who are gun owners.

Judge Morrison took under advisement a Temporary Restraining Order that would prohibit enforcement of the ban against those filing the lawsuit pending a final court decision.  A ruling was promised by the close of business on Friday.

DeVore is challenging the process used in passing the law before addressing potential Second Amendment violations.   He claims the Illinois constitution is violated by the law not following the single issue rule, not being read three times in the House and Senate and violating both the due process and equal protection clauses of the Illinois Constitution.

He also argued in court Wednesday that each day the bill is in effect Accuracy Firearms is deprived of income.

Assistant Attorney Generals Laura Batista and Joshua Kincaid downplayed the short notice of the bill’s enactment, noting there is no surety that Accuracy Firearms would be irreparably harmed by having fewer items to sell.

In addition to the Governor, House Speaker Emanuel ‘Chris’ Welch, Senate President Don Harmon, and Attorney General Kwame Raoul are named.

Another lawsuit against the new law has been filed in Crawford County

The Illinois State Rifle Association filed a federal lawsuit against the law on Wednesday morning.