Another temporary restraining order (TRO) was entered in Effingham County Circuit Court, enjoining Gov. J.B. Pritzker and other state defendants from enforcing a weapons ban against more than 2,300 plaintiffs from across Illinois.
Circuit Judge Chad Miller entered the order on Feb. 10, granting the TRO on the plaintiffs’ argument that Public Act 102-1116, or the “Protect Illinois Communities Act,” violates the equal protection clause of the Illinois Constitution. Miller denied relief under the remaining claims in the complaint.
Miller wrote that he is bound by a Fifth District Appellate Court’s opinion filed Jan. 31, involving another TRO request out of Effingham County.
The appellate court agreed with Greenville attorney Tom DeVore’s argument that the gun ban law wrongfully provides exemptions for specific groups of people. The law does not provide an opportunity for exemption for the rest of Illinois’ citizens. The appellate court noted that in recent cases, the Illinois Supreme Court “specifically pronounced that the right to bear arms was a fundamental right under the second amendment of the United States Constitution.”
“As such, we find that plaintiffs’ allegation that the Act infringes on their rights as Illinois citizens to keep and bear arms is a sufficiently alleged right in need of protection. Here, plaintiffs’ complaint alleged that the legislation’s exemption of seven categories of persons … had no basis and therefore violated equal protection guarantees,” the appellate court wrote.
The defendants argued that the purpose of the law was to reduce firearm deaths and mass shooting casualties. Exempted categories were apparently based on employment and/or training. The appellate court disagreed, stating that the closest the law comes to such a purpose is in its name: the Protect Illinois Communities Act.
The appellate court also weighed the benefits of granting the TRO against the potential injuries to the defendants and its effect on the public interest.
“Here, weighing a fundamental right against potentially bruised egos or political pride is no contest,” the appellate court wrote.
“However, the effect on public interest is more challenging as we grapple with a fundamental right to bear and keep arms that allows plaintiffs to defend themselves or their families against a desire to protect the citizens of this state from the random atrocities associated with mass shootings,” they added.
“We hold no crystal ball allowing us to determine the likelihood of potential harm if the TRO is granted, but we temper our lack of prescience with recognition that both interests - whether through the regulation of firearms or through the fundamental right to keep and bear arms - are based on the increased desire to protect and defend loved ones in light of these horrifying and devastating shootings,” they continued.
There have been at least four TROs granted, including Miller’s, since the law was enacted on Jan. 10 when Pritzker signed House Bill 5471. The law makes it illegal to manufacture, deliver, sell, import, purchase or possess certain handguns, shotguns, rifles and firearm accessories.
Effingham County Judge Joshua Morrison granted a TRO on Jan. 20 for more than 800 Illinois residents and gun shops. White County Circuit Judge Scott Webb granted a TRO for another 1,690 plaintiffs on Feb. 2. Both cases were filed by DeVore.
Macon County Judge Rodney Forbes filed another TRO on Feb. 8 for an unspecified number of plaintiffs in a suit filed by state Rep. Dan Caulkins.