March 9, 2023
Judge issues temporary restraining order to stop gun ban and registry.
In the Macon County assault weapons case, Caulkins et al v J.B.Pritzker et al, the new law has been ruled unconstitutional by Judge Rodney Forbes. Judge Forbes has issued a temporary restraining order stopping the gun ban and registry. Based on article item 4.b in the Judge’s ruling, the temporary restraining order covers ALL citizens in the State of Illinois, not just the named plaintiffs:
“Pursuant to Illinois Supreme Court rule 18…the Court further finds that…Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 are facially unconstitutional under these provisions of the Illinois constitution.”
The ISRA believes the law is unconstitutional. Having said that we warn everyone to beware. There is nothing stopping the Illinois Attorney General from prosecuting you, in spite of the Judge’s ruling. You might be right, but it could be very costly for you to defend yourself in court.
Here is the OFFICIAL OPINION of the ISRA COUNSEL:
From the Law Firm of DAVID G. SIGALE, P.C.
“After reviewing with counsel the Macon County Circuit Court’s decision, based on how the decision is not explicitly limited to one named person or group of persons and based on how the Opinion clearly finds the challenged law unconstitutional on a facial basis as opposed to being unconstitutional as-applied to any particular person or persons, the ISRA believes that the Macon County decision is meant to be read to apply to all persons in the State. We acknowledge that the language therein also seems aimed towards facilitating an Illinois Supreme Court review, and we are confident that the skillful attorneys representing the plaintiffs will successfully present their arguments to that Court at the appropriate time.”
You can see the judge’s ruling in its entirety here.
As noted by ISRA Executive Director Richard Pearson:
“The State of Illinois argues that at the time of the adoption of the Second Amendment, citizens only had flintlocks. The U. S. Military also only had flintlocks. They were supposed to be equal. At the time, they had pen, paper, and ink; they did not have cell phones, the internet, or FaceBook. Free speech applied then as it does now. What the state refuses to see is that technology changes, but civil rights do not.”
This case will go directly to the Illinois Supreme Court and is expected to be heard in May.
If you’re not currently a member of the ISRA please join us in our fight to protect the rights of legal gun owners.