Judge Issues Stay in Weapons Ban Case

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Published on March 21 2023 11:11 am
Last Updated on March 21 2023 2:44 pm
Written by Greg Sapp

A motion to stay the proceedings in the lawsuit regarding the Assault Weapons Ban was denied Tuesday morning.

The motion was brought by Michael Kasper, who represents House Speaker Chris Welch. The Speaker is one of four defendants in the suit, along with Governor J.B. Pritzker, Attorney General Kwame Raoul and Senate President Don Harmon. 

Accuracy Firearms of Effingham and several hundred other plaintiffs brought suit in Effingham County against the Weapons Ban, saying the measure was improper. Kasper argued that things should be stayed in the local matter until the Illinois Supreme Court decides the merits of a similar suit brought in Macon County.

Attorney for the plaintiffs Thomas DeVore contended Tuesday that the cases are not exactly the same, otherwise they would've been considered together by the State Supreme Court. 4th Circuit Chief Judge Douglas Jarman seemed to agree that there are differing issues in denying the request for a stay.

In the meantime, attorneys for the Illinois Association of Chiefs of Police and the Illinois Sheriffs Association joined the other parties in a Zoom conference on the case. Judge Jarman scheduled another Zoom call for 1pm on Thursday, May 4 when the matter will be revisited. In the meantime, the Temporary Restraining Order against the Weapons Ban having any effect on the plaintiffs continues.