State Reps. Adam Niemerg and Blaine Wilhour: Weapons Ban Faces Multiple Constitutional Problems

Dieterich, IL-(Effingham Radio)- Not only is Illinois’ new gun control law a clear violation of the 2^nd Amendment, but there are other Constitutional problems with the law, according to State Representatives Adam Niemerg (R-Dietrich) and Blaine Wilhour (R-Beecher City) who attended a court hearing in Effingham on attorney Tom Devore’s legal challenge to the law.

“There are serious questions about the Constitutionality of this new law as it relates to the 2^nd Amendment but there are also other Constitutional problems with the new law,” Wilhour said. “The majority party rushed to get this bill done before the lame duck session ended and their haste may ultimately be its undoing.”

Attorney Tom Devore has filed a lawsuit against Governor JB Pritzker, Senate President Harmon, House Speaker Welch, and Attorney General Kwame Raoul regarding the weapons ban and gun registry legislation signed into law.

Devore argues the law violates the Single Subject clause of the Illinois Constitution by amending a bill that has nothing to do with gun laws and it violates the three readings requirements of the Constitution through the concurrence motions that led to the bill’s passage.

He also argued the new law violates the Due Process clause by not giving lawmakers enough time to read what is in the legislation before voting on it.

In addition, he argued it violates the Equal Protection clause by allowing some but prohibiting others from purchasing certain types of firearms.

“Gun control advocates roll their eyes when Second Amendment supporters point out that if government is allowed to infringe on the Right to Bear Arms, then nothing is stopping government from infringing on our rights, but the process of how this bill became law underscores our concerns,” Niemerg said. “Not only does this new law infringe on our Second rights, but it also appears to violate other aspects of our Constitution such as the Equal Protections our Constitution guarantees us. The process of how this legislation became law is in itself a clear illustration of why those of us who value liberty and freedom are fearful of the power government will have should this bill remain law.”

A ruling on the case is expected on Friday.