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Severin: 'I have said for weeks that this law is unconstitutional, and now a judge has agreed'

Daveseverin

Illinois Rep. Dave Severin (R-Benton) | Photo Courtesy of Dave Severin

Illinois Rep. Dave Severin (R-Benton) | Photo Courtesy of Dave Severin

Effingham County Judge Joshua Morrison granted a temporary restraining order against the newly passed firearms law on Jan. 20. 

The law affects 866 plaintiffs in the lawsuit brought by attorney Thomas DeVore. Plaintiffs in the case include Effingham's own Accuracy Firearms, LLC.

The documents pertaining to this temporary restraining order can be found on the DeVore Law Office website. The documents include the complaint, which lists all 866 plaintiffs, a notice of hearing and other documents, including a copy of the temporary restraining order. 

State Rep. Dave Severin (D-Benton) spoke about the restraining order granted against the newly passed gun ban in a Facebook post. 

"This was the right call," Severin said on Facebook. "I have said for weeks that this law is unconstitutional, and now a judge has agreed. I understand there will be further court actions in the State of Illinois and that a federal lawsuit is pending."

According to the Illinois General Assembly, Senate Bill 2226 was filed on Jan. 5, by Speaker of the House Emanuel Chris Welch (D-Hillside). It entails information that was included in House Bill 5855, which was filed by Rep. Bob Morgan (D-Deerfield) on Dec. 1, 2022. SB 2226 lays out the kinds of guns that may no longer be manufactured in the state and outlaws magazines over a certain size. 

Severin looks forward to the new law being struck down in support of civil rights.

"Any time an unconstitutional law like this can be halted, it means citizens’ rights are being protected," Severin said on Facebook. "I agree with today’s decision and look forward to this firearms ban law being struck down at the Illinois Supreme Court and in the United States Supreme Court.”

In a statement made on Jan. 10, Severin attacked the passage and signing of this bill. 

“Democrats in Illinois have taken their quest to pass unconstitutional gun control legislation to the next level tonight, as Gov. (J.B.) Pritzker has signed a bill that will make law-abiding citizens into felons for failing to comply with the government-managed gun registry," Severin said on his official website.

The Illinois State Rifle Association is not supportive of the restrictions that the new legislation includes.

The legislation bans the manufacture, sale and purchase of assault weapons and the large-capacity ammunition magazines needed to use the guns. It requires owners of the banned firearms to register those weapons with the state. It also bans items that can convert legal handguns into illegal automatic weapons.

"The Illinois State Rifle Association has pledged to sue the state of Illinois for passing this bill to stop it from being implemented," Severin said on his website. "I support their planned court challenge and will continue to advocate for the Second Amendment rights of the people of the state of Illinois and the United States of America.”

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