A Macon County, Illinois circuit court judge signed an order this afternoon that permanently blocked the new Illinois Firearms Ban Act passed back in January. State Rep. Dan Caulkins was the lead plaintiff in the state case which challenged the law on Equal Protection grounds, among others. Judge Rodeney S. Forbes signed the order Friday afternoon because of a state appellate court decision last month upholding the equal protection violation in another case.
Caulkins and his attorney, Jerry Stocks won the case, using many of the same arguments employed by Tom DeVore, an attorney from Greenville who had won earlier in three prior cases on the same grounds. In DeVore’s cases, he gained relief for his named plaintiffs only. With today’s order, Caulkins has succeeded in extending protection to all gun owners in Illinois.
Land of Lincoln gun owners had better get busy because Kwame Raoul, Illinois’ beleaguered Attorney General, will surely take this to the Illinois Supreme Court as soon as possible. The time is now to buy America’s favorite rifle and similar guns, along with magazines by the case.
What’s even more remarkable is that Caulkins made this happen while spending less than $20,000. As Illinois residents, we’ll enjoy it while we’ve got it until we can litigate the entire law on its obvious Second Amendment violations.
The Center Square has the report . . .
A Macon County judge has declared Illinois’ gun ban and registry unconstitutional, setting up a direct appeal to the Illinois Supreme Court.
The move means the law is not enforceable statewide pending appeal, according to attorney Jerry Stocks, who represents state Rep. Dan Caulkins, R-Decatur, in his challenge to the ban.
Following a status hearing Friday afternoon in the case, Judge Rodney Forbes signed an agreed order declaring the measure unconstitutional.
“Well-established Illinois authority provides that a law declared unconstitutional pursuant to a facial challenge is void, as if the law never existed, and is unenforceable in its entirety, in all applications,” Stocks said in a statement after the order was issued.
Forbes initially took the final order under advisement Friday, but he signed it a couple hours later.
Forbes’ hands were essentially legally tied because Illinois’ 5th Circuit Court of Appeals, a higher court, already upheld a earlier ruling granting a temporary restraining order preventing enforcement of the ban against named plaintiffs only. But Stocks said Friday’s order is effective statewide.
Read the full article here