2 lawsuits filed against Illinois' assault weapons ban

Two lawsuits aimed at Illinois' assault weapons ban were filed Tuesday.

In Crawford County, the four-count complaint was filed on behalf of three residents, who are calling the law unconstitutional.

The suit names Illinois State Police Director Brendan Kelly and the Crawford County State's Attorney.

"Many state's attorneys have announced they will not prosecute such actions, he has not," the complaint says.

The new law bans the sale, delivery and purchase of assault-style weapons and high-capacity magazines.


The lawyer representing the three residents says the ban impacts businesses.

"Under this act, a criminal might as well convert their Glock to a machine gun, because there is no greater penalty for just walking around with a semi-automatic at this point," said Thomas G. Magg, the attorney who filed the lawsuit in Crawford County.

Former Illinois Attorney General candidate Tom Devore also filed a lawsuit out of Effingham County.

"I am pleased to announce this morning we have filed our first lawsuit in Effingham County against Governor Pritzker, Senate President Don Harmon, Speaker of the House Christopher Welch and Attorney General Kwame Raoul in regard to HB 5471, which law is an outright attack on the constitutional rights of lawful gun owners across the state unless one is so fortunate to be in the large group of persons who somehow are excepted out. The case is styled as Accuracy Firearms, LLC et al. v. Pritzker et al. which case number is 2023-MR-04. The people came together, and as result, citizens from 87 counties joined in this effort to defend their inalienable rights to bear arms and to further stand up against the tyrannical ways which their legislature and the Governor continue to pass legislation in violation of clear constitutional mandates," said Devore.

An emergency hearing will be held Wednesday at 11 a.m. If a temporary restraining order is granted, gun sales would be reinstated. 

Illinois State Police released a statement to FOX 32 Chicago saying that they cannot comment on pending litigation.