IL assault weapons ban challenges dismissed by downstate judge after state Supreme Court ruling

ByABC7 Chicago Digital Team WLS logo
Thursday, August 17, 2023
Downstate assault weapon ban lawsuits dismissed after Supreme Court ruling
A downstate judge has dismissed a group of lawsuits that challenged Illinois' assault weapons ban after the state Supreme Court ruled it is constitutional.

EFFINGHAM COUNTY, Ill. (WLS) -- A downstate judge in Effingham County has dismissed a group of lawsuits that challenged Illinois' assault weapons ban.

Last week the Illinois Supreme Court found the law is constitutional, ruling that the Protect Our Communities Act does not violate the federal Constitution's guarantee of equal protection of the law nor the state constitution's bar on special legislation.

RELATED: Downstate judge issues temporary restraining order over Illinois' new assault weapons ban

The lawsuits were brought by attorney Thomas DeVore, who called the dismissal "premature and in error."

MORE: Another temporary restraining order issued for Illinois assault weapons ban by White Co. judge

The court also decreed that state Rep. Dan Caulkins, a Decatur Republican, a Decatur pawn broker and like-minded Macon County gun-owners who brought the lawsuit had earlier waived their claims that the law infringes on the Second Amendment to own firearms and could not raise it before the Supreme Court. It's a claim Caulkins' attorney vehemently denies.

The Second Amendment claim is alive, however, in several federal lawsuits filed in southern Illinois, later consolidated and awaiting appeals court action.

READ MORE: Federal judge denies TRO against Illinois assault weapons ban for Naperville gun store owner

The Associated Press contributed to this report.