CAPITOL RECAP: Gun lawsuit restraining order remains in place

CAPITOL RECAP: Gun lawsuit restraining order remains in place

By CAPITOL NEWS ILLINOIS

SPRINGFIELD — A temporary restraining order that partially blocks Illinois’ new assault weapons ban from being enforced will remain in place after a divided state appellate court panel’s ruling Tuesday.

The restraining order was issued Jan. 20 by Effingham County Circuit Judge Joshua Morrison, but it applies only to the 800 or so gun owners and firearms dealers named as plaintiffs in the suit. The case was filed by southern Illinois attorney Thomas DeVore, the unsuccessful Republican candidate for attorney general in 2022.

In a 2-1 ruling, the justices said plaintiffs in the case made a plausible argument that the law violates their rights to equal protection under the law. Under the law, some categories of people – active and retired law enforcement officers, correctional officers and military personnel on active duty, for example – may purchase and possess those weapons. Other groups, such as retired military personnel or those who are not on active duty, are barred from obtaining assault-style weapons after Jan. 1, 2024.

Attorneys for the state argued that it was reasonable to exempt certain groups of people who have extensive training in the use of such firearms. But the court majority rejected that argument, saying: “The fundamental rights at stake require lawmakers to ‘narrowly tailor’ legislation to effectuate its purpose.”

In accepting the argument that equal protection rights are at stake, the appellate court also rejected arguments that the General Assembly violated the Illinois Constitution’s requirements that bills deal with only one subject, that they be read three times on different days in both chambers, and the guarantee of due process.

Justice Barry L. Vaughn wrote the decision. Justice Mark M. Boie concurred in the opinion while Justice James R. Moore dissented in part, saying he would have overturned the circuit court entirely by rejecting the equal protection argument.

The law bans the sale and purchase of a long list of semi-automatic weapons defined as “assault weapons,” .50 caliber rifles and large-capacity magazines, as well as various devices that effectively convert other weapons into something identical to one of the banned weapons.

The ruling means that the state is prevented from enforcing the law against the named plaintiffs in the case. The decision is expected to be appealed to the Illinois Supreme Court.

* * *

NEW SUPT: The Illinois State Board of Education announced Tuesday that Elgin-based School District U-46 Superintendent Tony Sanders will become the next state superintendent of education.

Sanders, 53, will succeed Carmen Ayala, who announced in November that she would retire effective Jan. 31. ISBE said Sanders will take over the post in late February while Deputy Education Officer Krish Mohip will serve as interim superintendent during the transition.

Sanders has been superintendent of the Elgin-area district since 2014. It is the second-largest district in Illinois, serving more than 35,000 students across five high schools and nearly 50 elementary and middle schools, according to the most recent state report card. Of those students, 46 percent are classified as low-income, and 39 percent are English language learners.

Gov. JB Pritzker recommended Sanders for the job.

“Dr. Tony Sanders is an extraordinary choice for State Superintendent of Education,” Pritzker said in a statement. “Dr. Sanders’ breadth of experience as superintendent of School District U-46 and his entire background have prepared him to take on this role. His focus on innovation, social emotional development, and academic excellence make him an extraordinary pick.”

According to ISBE, Sanders expanded the Elgin district’s offerings during his time as superintendent, adding full-day kindergarten for all students, expanding the district’s dual language program and establishing an alternative high school, the DREAM Academy, to reduce expulsions and serve students in need of trauma-informed care.

Before becoming U-46 superintendent, Sanders served as the district’s chief of staff for 11 years following a stretch as the district’s chief communications officer. 

He received his bachelor’s degree from the University of Illinois Springfield, a master’s degree in business administration from the New York Institute of Technology, a Chief School Business Official endorsement from Northern Illinois University and his doctorate in education from Aurora University.

 

Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to more than 400 newspapers statewide, as well as hundreds of radio and TV stations. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.

Leave a Comment





Local News

Sheri Cannataro, of Cannataro Farms, demonstrates the gear she wears to extract honey from a bee hive for visitors who stopped by to see her products at the Hills Chamber of Commerce Business and Community Expo Saturday at Conrady Junior High School in Hickory Hills. (Photos by Joe Boyle)

Residents warm up to Hills Chamber Business Expo

Spread the love

Spread the loveBy Joe Boyle Spring has arrived but winter continues to leave its calling card. However, that did not prevent the Hills Chamber of Commerce from holding its 10th annual Business and Community Expo Saturday at Conrady Junior High School in Hickory Hills. While the temperatures were frigid and windy outside, the spirit inside…

Palos Park Mayor Nicole Milovich-Walters speaks about zoning codes at the March 25 council meeting. (Photo by Jeff Vorva)

Palos Park to tweak outdated village zoning codes

Spread the love

Spread the loveBy Jeff Vorva The village of Palos Park has no grand plan to change the village landscape. But officials want to modernize some of its zoning codes. “The village has not comprehensively updated its development regulations since 1960,” Mayor Nicole Milovich-Walters said at the March 25 village council meeting. “Due to this, there…

Ridgeland sd122 logo

SD122 psychologist resigns over Islamophobic posts

Spread the love

Spread the loveBy Nuha Abdessalam A psychologist for Ridgeland School District 122 has resigned after hundreds of parents demanded she be fired for social media posts that were pro-Israeli and anti-Palestinian. District Supt. Joseph Matise announced at a schoolboard meeting last week that Dr. Laurie Hoke had resigned. “Dr. Hoke will no longer be working…

CRR_NH

Clear-Ridge Reporter and NewsHound March 27, 2024

Spread the love

Spread the love

Mary Stanek

Will the month of March leave like a lion?

Spread the love

Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place •  (773) 517-7796 . The days are getting longer and slightly warmer. But my prediction of a few weeks ago–March is certainly not leaving like a lamb–may prove to be correct. A sure sign of spring in…

Peggy Zabicki

Robin sighting a sign of new beginnings

Spread the love

Spread the love. By Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place •  (773) 504-9327 . I saw a robin the other day. This was the first sighting of the season for me. I remember my mom saying that the first robin of spring is a promise of new beginnings. May it be so. Is…

SRP-IMAGE-Logo

Thome sweet Thome: Nazareth baseball defeats Hall of Famer Jim Thome’s alma mater

Spread the love

Spread the loveBy Jeff Vorva Correspondent The Nazareth baseball team took a road trip to the middle of Illinois and improved its record to 7-0 on March 23 by beating Limestone, 6-0. Limestone is the alma mater of former White Sox player and Baseball Hall of Fame member Jim Thome, who is an assistant coach…

SRP-IMAGE-Logo

Chicago Catholic League greats headed to Hall of Fame

Spread the love

Spread the loveBy Jeff Vorva Correspondent A handful of area stars will be inducted into the Chicago Catholic League Coaches Association Hall of Fame. The list features Kevin Bracken (St. Laurence, wrestling), Kevin Carberry (St. Rita, football), Matt Macievic (De La Salle, cross county and track), Mike McGrew (Mount Carmel, football), Dan Nicholson (Brother Rice,…

SRP-IMAGE-Logo

Fire II tops Chicago City, advances to to second round of Hunt Open Cup

Spread the love

Spread the loveBy Jeff Vorva Correspondent The Chicago Fire II picked up a late invitation to the Lamar Hunt U.S. Open Cup and beat Chicago City, 6-0, on March 20 in front of an announced crowd of 810 at SeatGeek Stadium. Defender Giovanni Granda and midfielder Vitaliy Hlyut each made their professional debut and scored…

Julia Bianchi heads back on defense shortly after delivering a first-half goal for the Chicago Red Stars on March 23 at SeatGeek Stadium in Bridgeview. Photo by Jeff Vorva

Red Stars top Seattle, open season with two wins for first time in franchise history

Spread the love

Spread the loveBy Jeff Vorva Correspondent Last year’s last-place finish notwithstanding, the Chicago Red Stars have had a pretty rich history of success. The franchise has seven NWSL playoff appearances and has finished runner-up twice (2019, 2021), and prior to 2022 had finished no lower than fourth in the league ‘s regular season standings for…

Neighbors

SRP-IMAGE-Logo

College Football | Marian (Indiana) and St. Francis highlight Saint Xavier 2024 home slate

Spread the love

Spread the loveBy Jeff Vorva Correspondent Saint Xavier has released its 2024 football schedule, which has the Cougars opening the season in Michigan. SXU will travel to the Detroit suburb of Southfield to play Lawrence Tech on Sept. 7 in a Mid-States Football Association crossover. The Cougars’ home opener kicks off at noon on Sept.…

Morton's Nariah Clay was named to the NCJAA Division II all-tournament team as the Panthers finished fifth in the nation. Photo courtesy of Morton College Department of Athletics

Morton College women’s hoops takes fifth in nation

Spread the love

Spread the loveBy Jeff Vorva Correspondent For the second year in a row, the Morton College women’s basketball team finished fifth in the country. The Panthers closed out the 2023-24 campaign in Joplin, Missouri, with a 75-67 victory over Iowa Western on March 23 in the consolation championship game at the NJCAA Division II National…

Marist's Jack Meader (left) and Nathen Toth face each other during a block attempt against Downers Grove North in the semifinals of the Marist Invitational on March 23. Photo by Jeff Vorva

Boys Volleyball | Marist tops Lockport for Gold at RedHawks Invite

Spread the love

Spread the loveBy Randy Whalen Correspondent Marist enjoys getting its season going by hosting a tournament that is now in its 20th year. They had a good time again this season, going unbeaten over five matches in two days to win the Marist RedHawks Invitational for the sixth consecutive time. The RedHawks ended the tournament…

CRRNH_CosmoPhotoMDWArmory_032724

City wants to buy armory at MDW

Spread the love

Spread the love. Has been vacant since 2017 .  By Tim Hadac For decades, it served military purposes, as well as Chicago’s gateway for Presidents stopping off in the city. But the Army National Guard Midway Armory, 5400 W. 63rd St., has been mostly vacant since 2017, when the Illinois Army National Guard ceased operations…

summit police logo

2 charged in Summit junkyard burglary

Spread the love

Spread the loveBy Bob Bong Two men have been charged in connection with a break-in last month at the Pick-n-Pull used auto parts store and junkyard in Summit. George Ainalakis, 39, of Carol Stream, was arrested February 26 at the business, while Chad Wickert, 40, of Brookfield, was arrested March 13 by Hodgkins police. Police…

Mary Ellen Fox --Photo by Cosmo Hadac

A successful career serving thousands

Spread the love

Spread the love. By Tim Hadac Editor Clear-Ridge Reporter & NewsHound (708)-496-0265 . Most folks work for years at their jobs, expecting and receiving little fanfare, then retire quietly. Garfield Ridge resident Mary Ellen Fox planned to retire from her 30-year job in the City Clerk’s Office quietly; and she did, earlier this year. But…

Priscilla Steinmetz, of Orland Park's Bridge Teen Center, has fun March 7 at Congressman Sean Casten's desk in Washington. (Bridge Teen Center photo)

Casten secures $11M for district; invites Bridge Teen founder to State of Union

Spread the love

Spread the loveBy Jeff Vorva Congressman Sean Casten is bringing some big bucks home. Casten (D-6th) announced that he helped secure more than $11 million in federal funding for local community projects. Included in that bounty is: $1.28 million to Evergreen Park for water main replacement. $500,000 to La Grange for storm and sanitary sewer…

Forest View Village Clerk Laura McGuffey (left) swears in Maria Guzman as a full-time police officer while Chief Bianel Zarate looks on. (Photos by Carol McGowan)

Forest View swears in new police officers

Spread the love

Spread the loveBy Carol McGowan The Village of Forest View has a new full-time police officer and a newly promoted corporal on the force. In front of a full-house at their February 27 Board of Trustees meeting, Clerk Laura McGuffey did the honors swearing-in Maria Guzman as a full-time officer, and promoting Officer Jorge Sanchez…

Abraham Kiswani was sentenced to two years for income tax evasion.

Burbank businessman sentenced for income tax evasion

Spread the love

Spread the loveBy Bob Bong A Burbank businessman has been sentenced to two years in federal prison for willfully evading more than $3.7 million in federal and state income taxes. Abraham Kiswani, 54, pleaded guilty last year to a federal tax evasion charge.  In addition to the prison term, U.S. District Judge Manish S. Shah…

oak lawn logo

Oak Lawn ups fines for blowing off illegal fireworks

Spread the love

Spread the loveBy Joe Boyle Oak Lawn residents who blow off illegal fireworks this summer will find that doing so will be more expensive. An ordinance was passed by a 5-0 vote by the Oak Lawn Village Board on March 12 that will increase the fine from $50 to $100 for residents who are lighting…