A Federal judge has denied a temporary restraining order against Illinois’ new assault weapons ban.
The decision came in the Seventh Circuit Court where a lawsuit was brought by a Naperville gun store owner and a number of gun owners.
In the ruling, the request was denied partially on Second Amendment grounds. The court noted because assault weapons are particularly dangerous weapons and high-capacity magazines are particularly dangerous weapons and high-capacity magazines are particularly dangerous weapon accessories, their regulation accords with history and tradition.
The court found as a result both Naperville and Illinois lawfully exercised their authority to control their possession, transfer, sale, and manufacture by enacting a ban on commercial sales.
The lawsuit argued the ban would result in irreparable harm to the gun store.
This is the first time a federal court has weighed in on a temporary restraining order. Four state circuit courts have granted the temporary restraining order and the Appellate Court at Mt. Vernon has upheld one of the circuit court’s decisions.
The Attorney General has asked for an expedited hearing on the constitutionality of the law by the Illinois Supreme Court.
