CHICAGO (WLS) – There’s an emergency hearing Wednesday on an attempt to stop Illinois’ new assault weapons law.
Three lawsuits have already been filed, the first legal challenges to Illinois’ new assault weapons ban.
One is in Effingham County and the other is in Crawford County. The third lawsuit filed Tuesday is a federal lawsuit filed in the U.S. District Court for the Southern District of Illinois.
This is expected to be a long court process as several more cases are expected to be filed.
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In the Effingham County case, the attorney said his case was more about the way that law was passed, saying it was unconstitutional
The lawsuit was filed by Tom DeVore, last year’s Republican nominee for Illinois attorney general, on behalf of hundreds of plaintiffs.
He is also seeking an immediate temporary restraining order.
“Illinois Legislature Wants to Pass a Law That Limits Gun Rights? Then they have to get it procedurally appropriate,” DeVore said.
DeVore said the lawsuit is not focused on federal gun rights.
“Whether or not a restriction is good, bad, illegal, or violates the Second Amendment, they are for the federal court.” And right now, for the state court, those issues are just as big, dealing with the political game and the lack of equal protection that’s happening right here in Illinois,” he said.
The gun law came after a deadly mass shooting during Highland Park’s annual July 4th parade.
Racks of combat weapons on gun store shelves are still on display, but not for sale. The state ban makes it illegal to sell or possess them without proper licensing — at least for now.
In another case filed in Crawford County, attorney Thomas Maag cited legal precedent.
READ MORE: Gun dealers, advocates vow to take IL’s new assault gun ban to court
“Firearms of this type, which have traditionally been held for legal purposes, simply cannot be banned,” Maag said.
Other groups, including the Illinois Gun Rights Alliance, are promising more cases in federal court.
“We expect to get some sort of injunction very quickly once we file,” said Dan Eldridge of the Gun Rights Alliance.
SEE ALSO: Over 2 dozen sheriffs refuse to enforce new assault weapons ban in Illinois
The lawsuits name a number of defendants, including Governor JB Pritzker and Illinois State Police Director Brendan Kelly.
The lawsuit, filed in the U.S. District Court for the Southern District of Illinois by a St. Clair County resident, two gun stores, the Illinois State Rifle Association and two other organizations, also names Illinois Attorney General Kwame Raoul and other Illinois officials.
He called the law unconstitutional, saying this gun law was passed for “self-serving political ends.”
ISRA’s executive director said in a press release that “This new law makes criminals out of law-abiding citizens.”
Executive director Richard Pearson continued, “The real problem is that there are existing gun laws that don’t work because they aren’t enforced.”
A number of county sheriffs across the state have publicly vowed not to enforce the new law, prompting an open letter signed by 16 state lawmakers criticizing DuPage County Sheriff Jim Mendrick.
“They don’t get to pick and choose which laws to enforce. They should implement them all,” said Congresswoman Maura Hirschauer, D-49th District.
“I don’t think we pick and choose, I think it’s a matter of how we interpret it,” Mendrick said. “I don’t think we interpret this the same way.”
Pritzker’s office, which is at the World Economic Forum in Davos, Switzerland, responded with a statement saying, “The governor is confident that the courts will uphold the constitutionality of the Illinois Community Protection Act. This law is the result of hundreds of hours of collaboration and cooperation between legal experts, legislators and advocates, and it makes Illinois a safer place for every resident. Despite the political stance of those more beholden to the gun lobby than to the safety of their constituents, this law is in place and protecting Illinoisans from the constant fear of being shot at a place of worship, at a parade, or on a street corner. the street.”
The hearing in Effingham began at 11 a.m
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