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Judge declares Illinois’ gun ban unconstitutional | National

(Center Square) – A Macon County judge has declared Illinois’ gun ban and registration unconstitutional, appealing directly to the Illinois Supreme Court.

The move means the law won’t be enforced statewide while an appeal is pending, said State Rep. Dan Corkins, R-Jerry Stock, who is challenging the ban on behalf of Decatur. According to Su attorney.

After a status hearing on Friday afternoon, Judge Rodney Forbes signed an agreed order declaring the measure unconstitutional.

In a statement after the order was issued, Stocks said, “Established Illinois authorities held that any law declared unconstitutional on the basis of a face challenge would be void as if the law had never existed. and is completely unenforceable in all applications,” he said.

Forbes was initially advised and took final orders on Friday, but signed them hours later.

Forbes essentially argues that the law is essentially legal because the Illinois Court of Appeals for the Fifth Circuit (the Court of Appeals) upheld an earlier decision granting a temporary injunction preventing enforcement of the bar against only named plaintiffs. was constrained. But Stocks said Friday’s order is in effect statewide.

The state of Illinois, which agreed with the language of the final order in the Macon County case, argued that the Court of Appeals was wrong and wanted to bring it to the Supreme Court as soon as possible.

“In the meantime, citizens are encouraged to proceed with caution in the subject of invalid law, and to always seek the advice of their own legal counsel.



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Governor JB Plitzer enacted a ban on certain semi-automatic weapons and magazines over certain capacities on January 10. The measure requires Illinois residents who legally purchased such weapons prior to the ban to register with the Illinois Police Department by January 1. 2024.

Two weeks after the ban went into effect, lawsuits were filed in federal and state courts.

The lawsuit was brought to state Rep. Dan Caulkins, R-Decatur, on Friday, claiming there was a temporary injunction barring the state from enforcing the law against the named plaintiff. , is separate from three other lawsuits filed by Effingham and White county attorney Thomas DeVore. There is also a temporary injunction in his DeVore lawsuit, which has been consolidated by the Illinois Supreme Court.

In DeVore’s first Effingham County lawsuit, the TRO secured several procedural issues and allegations that the law violated equal protection to exempt certain professionals in security and law enforcement. it was done.

The state appealed, and the Fifth Circuit Court of Appeals upheld the TRO, but only on its equal protection claim. This led to the phased issuance of three other he-she TROs, including the Macon County lawsuit that addressed the equal protection debate.

A federal court hearing is scheduled for April 12 in the four consolidated cases in the Southern District of Illinois. The state Thursday filed a response to a motion for an interim injunction alleging a ban addressing dangerous and unusual weapons that the founders of the U.S. Constitution could not use. Imagine the 18th century. Plaintiffs allege that the statute violates the right to bear and bear arms provided for in the Second Amendment.

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