(The Center Square) – A third temporary restraining order has been issued in another case challenging Illinois’ gun and magazine ban.
In Macon County, Judge Rodney Forbes followed the 5th Circuit Court of Appeals in issuing the order restraining Illinois from enforcing the law. But the order does not apply to the whole state, it only applies to the named plaintiffs and the association “Law-Abiding Gun Owners of Macon County," which has hundreds named in the order.
"The Court further finds 'special legislation and equal protection challenges are judged by the same standard," Forbes wrote. "Accordingly, the Court is required by precedent to enter a temporary restraining order on Count IV (equal protection) and Count V (special legislation) of Plaintiffs' complaint."
Gov. J.B. Pritzker enacted the state’s gun and magazine ban Jan. 10. The law bans the sale more than 170 semi-automatic weapons and magazines of more than 10 rounds for rifles and more than 15 rounds for handguns. A registry of firearms the legislation defines as “assault weapons” is required for grandfathered guns. The window for that begins Oct. 1 with a requirement to register by Jan. 1, 2024.
Various lawsuits have been filed in both federal and state courts. The first state-level case to secure a temporary restraining order was in Effingham County, which covered 866 plaintiffs. The state appealed, but an appellate court sided with plaintiffs on the count of the law violating equal protections by carving out law enforcement and others in the security industry from having to comply with the law. Illinois Attorney General Kwame Raoul’s office has said they are reviewing the order and are expected to ask the Illinois Supreme Court for an expidited review.
A White County judge also issued a TRO, covering the 1,690 plaintiffs in that case, including former state Sen. Darren Bailey, R-Xenia, and state Reps. Adam Niemerg, R-Dieterich, and Blaine Wilhour, R-Beecher City.
State Rep. Dan Caulkins, R-Decatur, filed the case in Macon County. The case was heard Friday with the judge issuing a TRO Wednesday.
“It’s a great day. We’re very pleased,” Caulkins told The Center Square. “We look forward to continuing the legal battle for every [Firearm Owner ID card] holder in Illinois until we can get the FOID card thrown out.”
There are several pending lawsuits against Illinois’ gun ban filed in federal court.