The judge dismissed former attorney general candidate Thomas DeVore's challenges to Illinois' sweeping gun ban, citing a state Supreme Court ruling from several days earlier.
Then-gubernatorial candidate Darren Bailey, left, appears with then-attorney general candidate Thomas DeVore at the Drake Hotel Oak Brook on Nov. 7, 2022.
DeVore, who last year ran unsuccessfully for attorney general, said he plans to appeal Tuesday’s lower court ruling. In addition, the gun ban is still being challenged on Second Amendment grounds in federal court. The U.S. 7th Circuit Court of Appeals in Chicago has yet to issue a ruling after hearing arguments in June in a group of lawsuits filed by the Illinois State Rifle Association and other gun rights groups.
In Tuesday’s ruling out of Effingham County, Circuit Judge Douglas Jarman found the issues before the court were largely settled by the Supreme Court ruling, which was made in a lawsuit brought by Republican state Rep. Dan Caulkins of Decatur. “The Supreme Court’s decision that Caulkins failed to meet his burden does not bar my clients from being able to proceed to make their case that they are in fact similarly situated to all or part of the exempt class,” DeVore said.DeVore filed an initial lawsuit within days of Pritzker signing the measure into law Jan. 10. A judge issued the first temporary restraining order Jan. 20, and DeVore followed up with two similar lawsuits in other jurisdictions.
However, Jarman wrote, the Supreme Court has long held that “upon certification by the Speaker and the Senate President, a bill is conclusively presumed to have met all procedural requirements for passage.”Among the plaintiffs who had been covered by the temporary restraining orders in DeVore’s cases was former GOP state Sen. Darren Bailey of Xenia, who lost his bid for governor in November and now is challenging five-term U.S. Rep. Mike Bost of Murphysboro.
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