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Mar 2, 2020

Temporary Restraining Order on Assault Weapons Ban Expanded Statewide

Assault Weapon Stock Photo

Update 2/1/23:

An appellate court upheld the Temporary Restraining Order (TRO) on the state's assault weapons ban on Tuesday, Jan. 31. Originally, the TRO only affected the 866 plaintiffs who filed suit in Effingham County. The court upholding the TRO expands it statewide.

Judges suggested that lawmakers who rushed to pass the legislation earlier this month should have slowed down to explain why police and security guards, and several other categories of people, get to buy the firearms but others do not.

An Illinois judge has issued a temporary restraining order on the state's assault weapons ban. However, it is only temporary and it only bars the enforcement of the new Illinois gun control law against roughly 850 plaintiffs.
Judge Joshua Morrison wrote in his 11-page decision that the state did not "follow the procedural requirements" in passing House Bill 5471, also known as the Protect Illinois Communities Act.
"This legislation has used criteria to choose who can and cannot possess the weapons that without due consideration," the order reads. "Additionally, due to the speed with which this bill was passed, the effect to protected classes could not have been considered, nor could the Legislature have studied if this was the least restrictive way to meet their goal."