Effingham, IL-(Effingham Radio)- Attorney Thomas DeVore has filed a lawsuit on behalf of Accuracy Firearms in Effingham against Gov. JB Pritzker, Senate President Don Harmon, Speaker of the House Chris Welch, and Attorney General Kwame Raoul in regards to HB 5471, the “Gun Ban Bill.”
Judge Morrison heard arguments from both DeVore and representatives for the Illinois’ Attorney General’s Office, Laura Batista and Joshua Kincaid in Effingham County Court today. DeVore made clear that he believes “This bill deprives income of gun dealers,” and that “irreparable harm” will start to have an effect on gun dealers statewide. He also argued that this bill infringes on citizens’ 2nd Amendment rights in more ways than one, including the list of those exempt from the ban that includes prison wardens, DOC officers, and retired law enforcement officers. He said it also unfairly makes potential criminals out of everyday people who want to own a gun that is listed as restricted.
Kincaid and Batista argued that this is not about if this is a good or bad law, only if it violates the Illinois constitution. They argued there is no evidence that irreparable harm is imminent, stating that dealers can still sell to the exempt groups of people listed on the bill, and they can also sell out of state and to the government. They argued that changes to the Illinois Constitution is the “right approach” to this issue. Kincaid also argued that the Illinois Constitution is “in lock-step” with the US Constitution on this issue. Judge Morrison pressed him on this, asking if the US Constitution has any language in it restricting gun ownership. Kincaid admitted that there is no federal ban, but argued that the 2nd Amendment doesn’t protect specific weapons.
Batista and Kincaid said they were present only on behalf of Governor J.B. Pritzker and Attorney General Kwame Raoul. There was no one at the courthouse on behalf of House Speaker Chris Welch and Senate President Don Harmon, a fact that DeVore reminded the judge of a few different times.
Judge Morrison said he will make a ruling on the TRO by Friday. The ruling itself will only apply to those named in the suit if it is granted.
HB 5471 originally started as an insurance regulation bill that garnered bipartisan support initially. However, the language in the bill was stripped and replaced with the new gun ban legislation. After the change, the bipartisan support was lost.
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