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White County plaintiffs receive TRO from assault weapon ban

FILE - Assault style weapons are displayed for sale at Capitol City Arms Supply on Jan. 16, 2013, in Springfield, Ill. Illinois Attorney General Kwame Raoul on Monday, Jan. 23, 2023, asked a state appellate court to dismiss a temporary restraining order on Illinois' new ban on semiautomatic weapons. The two-week-old law was adopted in response to the 2022 mass shooting at the July 4th parade in the Chicago suburb of Highland Park. (AP Photo/Seth Perlman, File)

SPRINGFIELD, Ill. (WCIA) — Another group of Illinoisans do not have to follow the state law banning assault weapons.

White County Judge T. Scott Webb issued a temporary restraining order Thursday for the plaintiffs in the White County lawsuit. The order affects only the 1,900 plaintiffs named in the lawsuit.

The lawsuit argues the law violates the Equal Protection Clause because the law permits some groups, including active law enforcement and military personnel, to buy the weapons but not everyone.

“This Court is left only to speculate as to how certain individuals from the Act, while not exempting others who seem to possess similar firearms training would further the deter mass shootings,” the order reads.

Some of the plaintiffs represented in the lawsuit include former Republican candidate for Governor Darren Bailey, and state representatives Adam Niemerg (R-Dieterich) and Blaine Wilhour (R-Beecher City).

“This is another win for the Constitution and for honest firearm owners in the State of Illinois,” Niemerg said. “We are chipping away at this extreme law with each case working its way through our court system. It will take time, but this law will be overturned because it is a clear violation of our Constitutional rights.”

An appellate court upheld a different temporary restraining order on the law Tuesday. Attorney General Kwame Raoul has filed an appeal to the Illinois Supreme Court.