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Tipsheet

Judge Issues Restraining Order on Illinois Gun Control Law

AP Photo/Andrew Selsky, File

On Friday, an Illinois judge granted a temporary restraining order blocking the enforcement of a gun control law that outlaws so-called “assault rifles.” 

To recap, Democrat Gov. J.B. Pritzker signed the legislation, the “Protect Illinois Communities Act,” earlier this year. The law bans semi-automatic sporting rifles, as well as "high-capacity" magazines and “rapid-firing” devices.

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“[For] too long people have lived in fear of being gunned down in schools, while worshipping, at celebrations or in their own front yards. This legislation will stop the spread of assault weapons, high-capacity magazines, and switches and make our state a safer place for all,” Prizker said in a statement when he signed the law.

According to the Chicago Sun-Times, some gun shops saw an uptick in firearm sales due to the impending ban. And, hundreds of pro-Second Amendment groups and individuals filed legal challenges against the law. 

Friday’s ruling was limited to the plaintiffs, more than 800, in a lawsuit led by former Republican candidate for attorney general Thomas DeVore. The lawsuit argued that the law violates the U.S. Constitution. 

In the ruling, the court concluded that the Plaintiffs “have a Constitutional fundamental right…protected by the Constitution of Illinois & the Constitution of the United States” and that “Plaintiffs are being immediately and irreparably harmed each day” that the gun control law is in effect.

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“This decision is not surprising. 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 on Friday in response to the ruling.

“We are well aware that this is only the first step in defending this important legislation,” he added, and then argued that the law is constitutional.

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