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Illinois Judge Issues Limited Pause on State’s ‘Assault Weapons’ Ban

AR-15 rifles displayed for sale at the Guntoberfest gun show in Oaks, Pa., in 2017 (Joshua Roberts/Reuters)

An Illinois judge on Friday temporarily blocked the state from enforcing a new ban on so-called assault weapons against roughly 800 plaintiffs who filed a lawsuit challenging the measure.

The Protect Illinois Communities Act prohibits the sale, distribution, and possession of semiautomatic rifles such as the AR-15 and grants local law-enforcement authorities the power to add additional firearm bans in the future. The law, which was signed by Governor J. B. Pritzker earlier this month, also requires owners of now-restricted weapons to register with the state police.

The ruling from a circuit-court judge in Effingham County prevents the state from enforcing the law against any of the parties named in the lawsuit “unless and until further order of the court.” The ruling came two days after an emergency hearing was held in the case. 

The lawsuit, led by former Republican nominee for Illinois attorney general Thomas DeVore, argued that the ban was in violation of the state constitution. 

Pritzker expressed his disappointment in the ruling in a statement on Friday.

“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,” he said. “We are well aware that this is only the first step in defending this important legislation. I remain confident that the courts will uphold the constitutionality of Illinois’ law, which aligns with the eight other states with similar laws and was written in collaboration with lawmakers, advocates, and legal experts.”

Illinois senate president Don Harmon said the ruling will be appealed, adding, “We look forward to our day in court to zealously advocate for our neighbors who are weary of the gun violence epidemic.”

Meanwhile, another lawsuit was filed against the law in Crawford County, alleging the measure violates the Second Amendment, the Fifth Amendment, and the 14th Amendment.

The Illinois State Rifle Association has also said it plans to challenge the law.

“The ISRA leads the charge in opposing Illinois’ new gun legislation, which we believe to be unconstitutional,” the group’s executive director, Richard Pearson, said Tuesday. “We will be filing a federal lawsuit imminently.”

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