* Fox Illinois…
The Effingham County courtroom was filled on Wednesday at the hearing regarding the new ban on assault weapons.
On Wednesday, January 18th at 11:00 a.m. an emergency hearing was held at the Effingham county court to discuss the lawsuit filed by Former Republican Attorney General Candidate, Tom Devore.
Judge Joshua Morrison listened to arguments from Devore, who was representing several Gun Shops and hundreds of Plaintiffs.
Joshua Morrison. Hmm. Joshua Morrison. Where have I heard that name before? Oh, right…
Fayette County State’s Attorney Joshua Morrison joined the list of State’s Attorneys who have sued Governor Pritzker over the SAFE-T Act.
“After much consideration, I am filing a lawsuit against the SAFE-T Act. As a prosecutor, I believe that this statute unconstitutional on its face and will have far-reaching unintended consequences,” Morrison said.
Joshua Morrison ran for judge last year. He’s brand new on the bench.
So, as state’s attorney, Morrison filed suit (and remains a named plaintiff) on most of the same procedural/constitutional issues that were presented to him this week in DeVore’s lawsuit, which is scheduled to be ruled on today.
* But, wait, that’s not all. From Tom DeVore’s campaign website…
Remember when Governor Pritzker kept issuing all those executive orders during COVID?
State’s Attorney Joshua Morrison pushed back, working with law enforcement to follow the law and ensure that Fayette County residents were able to go to work and to the store without fear that they would be thrown in jail.
He also pushed back on Attorney General Raoul, sending a letter asking if his executive order was even enforceable and how repeatedly issuing orders past the 30 day period was NOT official misconduct by the Governor. Morrison also wanted to know if officials trying to enforce it were committing misconduct because the Executive Orders did not agree with the Public Health statutes.
From Morrison’s letter, which was sent in May of 2020…
And now I understand the sort of questions the judge asked during the hearing earlier in the week when DeVore presented his case. Click here for that.
*** UPDATE 1 *** No surprise here…
Enforcement of Illinois’ gun ban has been temporarily suspended for the 860-plus individuals who sued the state.
Gov. J.B. Pritzker signed the gun and magazine ban into law last week. Tuesday, attorney Thomas DeVore sued in Effingham County state court, arguing the ban is unconstitutional. During an emergency hearing Wednesday, DeVore argued, among other things, that the law violates equal protections by exempting law enforcement officers from the new ban.
A judge issued the TRO Friday evening. The case advances pending an expected appeal by the governor and legislative leaders. A preliminary injunction hearing is set for 9:30 a.m. on Feb. 1.
Judge Morrison’s opinion is here.
*** UPDATE 2 *** Press release…
Governor JB Pritzker issued the following statement on the decision by Effingham County Judge Morrison on the Protect Illinois Communities Act:
“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. 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.
Illinoisans have a right to feel safe in their front yards, at school, while eating at bars and restaurants or celebrating with their family and friends. The Protect Illinois Communities Act takes weapons of war and mass destruction off the street while allowing law-abiding gun owners to retain their collections. I look forward to the next steps in this case and receiving the decision this case merits.”
*** UPDATE 3 *** Press release…
Senate President Don Harmon (D-Oak Park) issued the following statement after an Effingham County judge granted a Temporary Restraining Order against the assault weapons ban that became law earlier this month:
“We passed the Protect Illinois Communities Act to get dangerous weapons off the street and create a safer state. This ruling will be appealed. We look forward to our day in court to zealously advocate for our neighbors who are weary of the gun violence epidemic.”
*** UPDATE 4 *** Press release…
Speaker Welch’s Statement on Decision in Protect Illinois Communities Act Lawsuit
“Far too many lives have been lost because of senseless gun violence, and people have had enough. They’ve told us through marches, at committee hearings, and at the ballot box – and our law to get weapons of war off our streets delivered on their call.
“We’ve also seen that those who put extreme ideology ahead of the common good can attempt to slow change, but they cannot stop it.
“While I’m disappointed in this decision by the plaintiff’s preferred court, this decision will be reviewed and I’m confident we will ultimately prevail.”
…Adding… GPAC…
Today, the Gun Violence Prevention PAC (G-PAC), the state’s leading gun safety organization, released a statement from its CEO Kathleen Sances following a judge’s decision to grant a temporary restraining order against Illinois’ new state-wide assault weapon and large-capacity magazines ban.
“The judge’s ruling today is disappointing and makes light of the gun violence impacting Illinois. The fact remains – this is a pivotal moment for our state. A strong and diverse movement for gun safety is proving that we can wrestle power from the gun lobby, and ensure that our state prioritizes public safety over profits. The ban on assault weapons, large-capacity magazines is proof of this change in our status quo.
“This request for a temporary restraining order and other frivolous lawsuits are on brand for the gun lobby. They’re not kicking up dust to protect anyone’s rights, except their own right to fill up their coffers at the expense of Black and Brown lives and those of innocent children. We see through their greed, and we will not allow it to rule our laws and lives. We are a proud movement of gun safety advocates, survivors, lawmakers and concerned citizens, and we will continue to fight to save lives from this man-made epidemic.”
*** UPDATE 5 *** From AG Raoul’s office…
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.
Can’t wait to see Justice McHaney’s opinion on that /s
…Adding… Everytown…
Everytown for Gun Safety and the Illinois chapter of Moms Demand Action, a part of Everytown for Gun Safety’s grassroots network, released the following statement regarding the temporary restraining order issued by a state court judge against the Protect Illinois Communities Act, a critical gun violence prevention legislative package signed into law by Governor J.B. Pritzker earlier this month.
“We strongly disagree with the court’s decision which focused on meritless claims of procedural defects in the passage of the law and included a gross misreading and misapplication of the recent U.S. Supreme Court case interpreting the Second Amendment,” said John Feinblatt, president of Everytown for Gun Safety. “We expect Attorney General Kwame Raoul to be successful in his appeal and in defending this life-saving law against further unfounded legal challenges.”
The omnibus package includes legislation to prohibit assault weapons and high-capacity magazines, rapid-fire devices that dramatically increase the rate of fire of semi-automatic firearms, facilitate better implementation and efficacy of Illinois’s Firearm Restraining Order (FRO) law, and address illegal gun trafficking in the state. The package was introduced following a year that saw at least 26 mass shootings across the country, including one in Highland Park, where seven people were shot and killed and an additional 48 people were wounded at a July Fourth parade by a shooter using a high capacity assault weapon.
…Adding… ISRA…
“The ISRA applauds Judge Joshua Morrison’s ruling this afternoon. This is a clear indication from the court that the General Assembly and Governor Pritzker rammed this law through improperly. The ISRA firmly believes the law is an infringement on all law-abiding residents’ 2nd Amendment rights. We look forward to the proceedings in our federal case, and we will be keeping a close eye on any other cases as well.”
Richard Pearson Executive Director
* Press release…
The Illinois Freedom Caucus today is issuing the following statement on Fourth District Circuit Court Judge Joshua Morrison’s ruling approving a Temporary Restraining Order for the plaintiffs challenging Illinois new weapons ban and gun registry law.
“Today is a significant victory for the rights of free and honest citizens. There are numerous Constitutional issues with not only the law itself but also in the process involving how this legislation became law. The fact that a Temporary Restraining Order was granted to the plaintiffs in this case underscores the Constitutional issues with this new law.
In his ruling, Judge Morrison states, ‘This Court finds that, due to the blatant disregard for Constitutional Law, the Plaintiff is likely to succeed on the merits of this claim.’
We agree with the Judge’s decision and we warned the backers of this legislation of the Constitutional concerns that are apparent to anyone with even a basic understanding of our Constitution. This is a first and significant step in what will be a long court process but in the end, we anticipate this new law will be found to be unconstitutional and a violation of the oath of office on the part of every legislator who voted for it.”
The Illinois Freedom Caucus is comprised of State Representatives Adam Niemerg (R-Dieterich); Chris Miller (R-Oakland); Brad Halbrook (R-Shelbyville); Blaine Wilhour (R-Beecher City) and Dan Caulkins (R-Decatur). The members of the Illinois Freedom Caucus are members of the Illinois General Assembly who are advocating for limited government, lower taxes and accountability and integrity in government.
