Dieterich, IL – State Representative Adam Niemerg (R-Dietrich) says Fourth District Circuit Court Judge Joshua Morrison’s ruling today approving a Temporary Restraining Order for the plaintiffs in a lawsuit challenging Illinois’s gun control casts significant doubts on the law’s viability.
“The Judge essentially conceded every point the plaintiffs made in his ruling and accused the defendants of blatantly disregarding Constitutional Law,” Niemerg said. “While the ruling is only limited to the defendants in the case and does not address the Constitutionality of the new law, it does cast tremendous doubts on the viability of this new law. As this and other challenges to the law work their way through the courts, I am confident the Courts will preserve the Constitutional rights of honest citizens in Illinois.”
Attorney Tom DeVore in his lawsuit against Governor JB Pritzker, Senate President Harmon, House Speaker Welch, and Attorney General Kwame Raoul regarding the weapons ban and gun registry law 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.
“This new law is a clear violation of our Constitutional rights,” Niemerg said. “It is a deeply flawed measure that represents a massive government overreach and an infringement of our Constitutional rights. If we compromise one of our Constitutional rights – we compromise them all and put our liberties and freedoms in jeopardy.”
The ruling in the case only applies to the named plaintiffs in the case.