An Illinois judge has blocked the gun control law Protecting Illinois Communities Act (the Act), enacted on Jan. 11, saying the state is violating a clear and discernible constitutional right and ignoring the public’s right to know.
Thomas DeVore represents Accuracy Firearms LLC and 866 other plaintiffs from 87 counties who requested a temporary restraining order (TRO) in the 14th Judicial Circuit Court on Jan. 17. He told The Epoch Times that the issue is about more than gun rights. His clients want to expose their state’s cavalier attitude toward the people’s right to be involved in the legislative process, he said.
“This is how they pass these laws, and we have to draw attention to it,” DeVore said.
Illinois Attorney General Kwame Raoul issued a statement vowing to defend the new law.
“We disagree with the court’s decision. We have filed a notice of appeal and will ask the Appellate Court to reverse and vacate the TRO,” an email from Raoul’s office reads.
DeVore’s clients claim that the law was passed in a manner meant to hide the state’s true intentions until it was practically too late to act. He said the Illinois General Assembly has routinely ignored the constitutional process for so long that it has become the de facto process.
“It has become a process of disregarding the process,” he said.
DeVore’s clients claim that “from Jan. 28, 2022, to Jan. 8, 2023, HB 5471 (also known as Public Act 102-116) was a change to the Illinois Insurance Code.” DeVore said the bill initially required that insurance adjusters include email addresses in contracts.
Then, over the course of two days, the law was “gutted” and changed to a gun control bill, passed through the General Assembly, then put before Gov. J.B. Pritzker for his signature.
“This was an insurance bill for 345 days,” DeVore said.
In his ruling, 14th Circuit Judge Joshua Morrison agreed. Morrison wrote that bills must be read publicly under Illinois law three times before they can be voted on or signed. This includes amendments or changes to proposed legislation.
“Except for the record of actions, the public record regarding this bill, including the hearings that were held, was almost entirely regarding this bill as an insurance regulation,” Morrison’s order reads.
The order clarifies that the judge views the violation as more than a procedural error or oversight.
“The court finds that the defendants unequivocally and egregiously violated the three readings rule to circumvent the constitutional requirements and avoid public disclosure,” the order reads.
Weapon Ban
The act was implemented on Jan. 11. The act—which passed on a final vote of 68–41—bans certain types of semiautomatic rifles and magazines that hold more than 12 rounds of ammunition.The act defines a so-called assault weapon as a semiautomatic rifle that accepts a detachable magazine and features a pistol grip or thumbhole stock, a flash suppressor, a grenade launcher, a barrel shroud, or other features.
A semiautomatic pistol that accepts a detachable magazine or may be modified to accept one has a threaded barrel, a second pistol grip, a flash suppressor, a barrel shroud, or other features also falls into this category, as do most AK- and AR-style rifles. Also banned are .50-caliber firearms.
Existing firearms are grandfathered in under the law if the owners register them and pay a fee. Under the act, the term of an Illinois Firearms Restraining Order (FRO) law is extended from six months to one year. The list of people who could ask the court for a FRO was expanded.
A FRO is also known as a “red flag law” and authorizes the confiscation of firearms owned by people who may pose a risk to themselves or others. Gun rights supporters oppose these laws as they may not provide enough due process protection for the person whose property is being taken.
The act also increases the age to obtain a firearm owner identification card (FOID) to 21. People younger than 21 can receive a FOID card if a parent or guardian signs it. The law would make exceptions for people younger than 21 serving in the U.S. military or Illinois National Guard. It would also permit guardian-supervised hunting or shooting sports.
On his webpage, state Rep. Bob Morgan, a Democrat, wrote that he was motivated to sponsor the act after a mass shooting on July 4, 2022.
In that shooting, a 22-year-old man opened fire during a July 4 parade in Highland Park, Illinois. He reportedly killed seven people and wounded dozens more. He’s currently facing more than 117 charges, including 21 counts of murder. Morgan didn’t explain how his law would have prevented that shooting.
Much of State Is Red
Since its implementation, most of Illinois’s sheriffs and several state’s attorneys have come out against the law. Several sheriffs made social media posts and issued public statements calling the law unconstitutional and vowing not to enforce it. In response, Pritzker said he would take any legal actions available to enforce the law.DeVore said three of the state’s most populous counties have a Democratic majority and have a firm grip on Illinois politics. He said this was the reason the law passed, even though a majority of the state’s county law enforcement officials opposed it.
“[The majority] of Illinois counties are deep red,” he said.
DeVore was a Republican candidate for attorney general in 2022, taking 44 percent of the vote to Kwame’s 53.8 percent. Part of DeVore’s platform was to expose how things were being done in the Illinois state Capitol.
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