Gov. J.B. Pritzker hugs gun control advocate Maria Pike after he signed comprehensive legislation to ban military-style firearms on Tuesday, Jan. 10, 2023, at the Illinois State Capitol in Springfield, Ill. Image by Boch. Base image by Brian Cassella/Chicago Tribune via AP.
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A Macon County, Illinois circuit court judge signed an order this afternoon that permanently blocked the new Illinois Firearms Ban Act passed back in January. State Rep. Dan Caulkins was the lead plaintiff in the state case which challenged the law on Equal Protection grounds, among others. Judge Rodney S. Forbes signed the order Friday afternoon because of a state appellate court decision last month upholding the equal protection violation in another case.

Caulkins and his attorney, Jerry Stocks won the case, using many of the same arguments employed by Tom DeVore, an attorney from Greenville who had won earlier in three prior cases on the same grounds. In DeVore’s cases, he gained relief for his named plaintiffs only. With today’s order, Caulkins has succeeded in extending protection to all gun owners in Illinois.

State Rep. Dan Caulkins pictured above at the Sangamon County Guns Save Life meeting. (image by John Boch)

Land of Lincoln gun owners had better get busy because Kwame Raoul, Illinois’ beleaguered Attorney General, will surely take this to the Illinois Supreme Court as soon as possible. The time is now to buy America’s favorite rifle and similar guns, along with magazines by the case.

What’s even more remarkable is that Caulkins made this happen while spending less than $20,000. As Illinois residents, we’ll enjoy it while we’ve got it until we can litigate the entire law on its obvious Second Amendment violations.

The Center Square has the report . . .

A Macon County judge has declared Illinois’ gun ban and registry unconstitutional, setting up a direct appeal to the Illinois Supreme Court.

The move means the law is not enforceable statewide pending appeal, according to attorney Jerry Stocks, who represents state Rep. Dan Caulkins, R-Decatur, in his challenge to the ban.

Following a status hearing Friday afternoon in the case, Judge Rodney Forbes signed an agreed order declaring the measure unconstitutional.

“Well-established Illinois authority provides that a law declared unconstitutional pursuant to a facial challenge is void, as if the law never existed, and is unenforceable in its entirety, in all applications,” Stocks said in a statement after the order was issued.

Forbes initially took the final order under advisement Friday, but he signed it a couple hours later.

Forbes’ hands were essentially legally tied because Illinois’ 5th Circuit Court of Appeals, a higher court, already upheld a earlier ruling granting a temporary restraining order preventing enforcement of the ban against named plaintiffs only. But Stocks said Friday’s order is effective statewide.

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51 COMMENTS

  1. Raoul and Pritzker knew this ruling was coming and that’s why Robert Morgan wrote his missive on the M&P and the Highland Park parade.

    “Bob Morgan is on the Illinois Firearms and Firearm Safety Committee.
    He had to make some kind of statement because Illinois is getting slammed by lawsuits.
    The lawsuits specifically name Pritzker and Raoul in them.
    Strange coincidence with Bob Morgan’s statement timing yesterday”

    Judge Rodeney S. Forbes followed the Bruen decision.
    Sometimes it feels good to be right.

    • Yeah Rob I guess it is good to be right! I told my wife earlier TODAY I was not buying or selling a damn thing unless/ until I got some clarity on this ILLANNOY BS. I wish I had the funds to get that big azz revolver I wanted😀 I have more than a few of these formerly banned magazines who feel bad they were hidden away🙄

        • I can’t speak for FWW, but I reside in the same AO.

          I won’t leave until the granddaughter is older, and the wife finally has enough of her home State. I came from the free State of Missouri. I am here because of the wife.

          In Illinois I am surrounded by liberals and fake Conservatives who are just Liberals ashamed to identify themselves. As a former paratrooper, it is part of my mission orientation to be surrounded by design so I am comfortable with it. I can do more good for my side deep in the enemies territory and be a thorn.

        • “I can do more good for my side deep in the enemies territory and be a thorn.”

          Carry on, soldier!

        • bullshit, keep telling yourself that lie. Don’t get butthurt ya fucken boomer fudd. You chose to live there, suffer the consequences. Ya’ll aint changed shit in over 100 years, why do you think you will start now? Better learn to downsize and quit yer bitchen.

  2. I can’t believe that a man as intelligent as Governor Pritzger would try to take guns away from law-abiding citizens while his beloved city of Chicago is overrun with criminals using illegal guns to murder countless residents. Doesn’t he know how to run a business? Perhaps he is in love with Maria Pike!

    • It has 0 to do with intelligence or the lack of it. As with all Marxist/Socialists/Communists. It comes down to Control of their Subjects. Nothing more…Nothing less.

        • Truth often does lately. But exactly why I tell anyone no matter how gun friendly their state may be to go on the legal offensive if nothing else it will remove options for those seeking control even if it doesn’t get us much.

    • your first mistake is thinking a liberal democrat like prickster is intelligent.
      anybody who wants to disarm law abiding citizens to lower or stop crimes is far from intelligent.

  3. Since History confirms Gun Control in any shape, matter or form is rooted in racism and genocide there is no way Gun Control could ever receive standing without assistance from knee jerk history illiterates and Gun Control zealots. For the 2A to survive Gun Control must be defined in courtrooms according to its history of rot.

  4. It’s all about pulling the dog’s teeth. The only safety they care about is their own. Can’t make me a slave if I’m armed.

    • “That is why our masters in Washington are so anxious to disarm us. They are not afraid of criminals. They are afraid of a populace which cannot be subdued by tyrants.” – the late COL Jeff Cooper.

  5. “A Macon County judge has declared Illinois’ gun ban and registry unconstitutional, setting up a direct appeal to the Illinois Supreme Court.”

    Registration as well? Cool!

    If we can get state and national mandatory gun registration declared as unconstitutional, that would be a *huge* step forward to further secure the 2A rights…

    • We were supposed to register our black rifles within a year with the Illinois State Police.

      https://heartlandernews.com/2023/01/13/list-of-more-than-170-banned-guns-in-illinois-could-grow-mandatory-registration-coming/

      Right now the best part for me is I can continue to carry a SD grey frame 9mm that has 16 round magazines instead of a .40 M&P 2.0 compact 4″ that holds 13. It was $250 (rebate) new and with a couple of upgrades (trigger kit and night sights) about $375. Trigger is nice and 4lbs without changing the striker spring. You can buy one right now for $335-$100 rebate ($235) from Locked & Loaded. It’s far better then a Glock 19 IMO and if I have to use it in a SD situation $375 isn’t going to upset me.

      I have 3 M&P pistols because they are reliable and I like the ergonomics.
      The full size ones fit my hand like a 1911 but are a tad too big for EDC.
      I have a couple of rifles in different calibers and the one was a bit finicky with ammo.
      It needed an adjustable gas block, it was under gassed so S&W sent me a voucher.
      S&W CS has always been top notch with me.

        • That’s exactly what we were talking about. The first part was the registration nonsense, the second part is about magazine limits. As of 4/10 I cannot carry my SD because it holds one more round then allowed. Thats the gun that I always carry when I’m wearing jeans and have for four years. I don’t know it’s there, it’s comfy.

          I like S&Ws because they are a decent gun at a decent or great price point and are 100% reliable. If I were to have to use my SD in a SD scenario then $375 isn’t going to bother me but I am getting that gun back. If my weapon of war .40 M&P 2.0 compact that’s $600 gets confiscated I would be a bit more pissed. If one of $700+ Beretta’s was confiscated I would be extremely pissed.

          Anyway you had 5 hours to read Dan Wrights response, how’s that going Skippy? I actually went to gun shops and got their interpretation while you were “thinking” or “reading”. Oops my ass.

    • We weren’t able to get that on the 20 down to 4 lawsuits to be heard in a bit over 2 weeks but will shamelessly use it for precedent if it goes through elsewhere.

  6. Hey John Boch,

    I got a reply from the esteemed sage-a-mon county DA

    Thanks, “Guardian Angel”

    You can’t always believe what you read on the internet. Mr. Boch’s story is inaccurate and irresponsible. Ask him to post our entire exchange so his readers are able to make their own assessment of the facts.

    Ms. Rojas has her property and Mr. Boch’s readers have been misled. I remain hopeful that he will find the courage to tell his readers the whole story.

    Thanks and have a good evening.

    Sincerely,

    “Danny” ( I wrote to “Danny” to be snippy…so he replied in kind)

    Daniel K. Wright

    Sangamon County State’s Attorney

    Sangamon County Complex, Room 402

    200 South 9th Street

    Springfield, Illinois 62701

    (217) 753-6398

    • Did you read the update? Danny was supposed to be all over the situation.
      If John Boch is decent like Dan Zimmerman then my money is on Boch.
      This site posts a review of a gun. People bust on it if it is too expensive or sucks.
      Yet they post our comments, possibly losing money for the website.
      We constantly cry about being put into moderation and yet they put up with us.
      We fight with each other and they post it and also put up with it.
      What do they get from it? They don’t ask for money for the website.
      My take is Boch and GSL got involved and Danny had to take action and fast.
      Some cop stole the gun and it magically reappeared but Danny will put a spin on it.
      He is an attorney after all. I can’t wait to read his BS retort.

      • “This site posts a review of a gun. People bust on it if it is too expensive or sucks.
        Yet they post our comments, possibly losing money for the website.“
        Or the creator of the expensive sucky gun gets to understand why they aren’t selling and what the issues are and makes proper adjustments and stays in business

      • After some of the shenanigans I have seen up here that wouldn’t even be abnormal re magically appearing with media attention. Matt I really hope that is what happens and not how can we do something vaguely close enough more cheaply.

      • “This site posts a review of a gun. People bust on it if it is too expensive or sucks.”

        Are you implying TTAG should lie and say a crappy gun is just fine?

        Strange… 🙁

        • Hence the “We fight with each other and they post it and also put up with it.”

          No, I’m not implying that TTAG ever lied and said a “crappy gun is just fine”.
          Third party people sometimes write reviews of guns. Sometimes those guns suck or the review says something like “a little pricey”. There are 25 comments. If the gun sucks people make comments such as:

          “I had that gun and sold it to my worst enemy” or ” What a piece of crap, it makes a Hi-point look good” or “I would rather get punched in the nuts then shoot that garbage.”

          If the article says the gun is a bit pricey then comments might say: “I wouldn’t spend that much on a car” or “for bail for my wife” or “Talk about Gucci, I bet it doesn’t even fire and it looks like a hooker.”

          TTAG posts all 25 of them when they could just magically disappear.

          Alright I’m off to the LGS to see what is going on, they open at 10 AM.

      • @Rob,

        Hmm…I’d love to see all my removed comments come back. That would be a welcomed evidence of your claim that TTAG/WordPress allows all our comments.

        Until that happens, tho…

        • I have had comments disappear into the afterlife so I know what you are saying.

          I didn’t say that TTAG/WordPress allows ALL our comments, The comment was mostly directed at gun reviews or some of the stupid arguments. Dacian and Miner post the most inane egregious nonsense and the flurry of comments that follow actually are a waste of everyone’s time but TTAG posts them. How many times to people take the bait and call them names or post a rebuttal to a troll comment?

          I guess my point is there is no advertisement on this site other then reviews. If the product is shit in some way we get to write our opinion. If the product is cool or innovative we get to write our opinion. Some websites will ban you if you did that and your comment would never be seen.

        • “Dacian and Miner post the most inane egregious nonsense and the flurry of comments that follow actually are a waste of everyone’s time but TTAG posts them. How many times to people take the bait and call them names or post a rebuttal to a troll comment?”

          dacian the troll was pulling this shit off on the on the Jon Stewart article and at least ten people were taking the bait from a fucking troll.

  7. Multiple lawyers and other individuals have come out to say this in no way results in a temporary or permanent “stay” to the ban. Still in affect according to Tom Devore (lead lawyer in 4 cases currently against Illinois and drafter of the only TRO in place currently for his 9,000ish clients) according to devore this amounts to basically this judges opinion and not a defining action.

    • Unless you are trolling the law reads differently:

      https://www.wandtv.com/news/judge-in-macon-county-finds-assault-weapons-ban-unconstitutional/article_34dd22d0-ba1a-11ed-89cf-cf8c4e78990c.html

      “The court’s decision is in line with the 5th District’s decision in Accuracy Firearms. Because the court entered a final judgment, we are able to appeal directly to the Illinois Supreme Court. We filed our notice of appeal today, and we expect the Court to accept it on Monday. We will ask the Court for an expedited schedule, and we look forward to defending the Act in the Illinois Supreme Court.”

      If this not a defining action then why are Pritzker and Raoul filing an immediate notice of appeal?

      Pritzkers law is null and void at least until the Illinois Supreme Court hears the case and possibly rules differently. If they follow Bruen then it has to go to SCOTUS.

      • “Meanwhile, citizens are encouraged to proceed in the subject matter of the invalid legislation with caution and always are encouraged to seek the advice of his/her own counsel,” Stocks said. (Attorney in Macon county case Jerry Stocks)

        In an interview with Greg bishop after the filing Jerry said to seek counsel for interpretation before attempting to purchase anything. DeVore (actual lawyer) and others like Tom Vandermide (not a lawyer but ex nra lobbyist of 30 years) have expressed doubt that it applies statewide. Pritzker has also said publicly this does not apply statewide. Considering the ISP confiscation incident after the Rockford area store was selling post ban I highly doubt anyone will be willing to sell with that much doubt about the ruling floating around. Devore said last night during a video that he has advised all FFL’s with actual TRO’s in place represented by him NOT to sell to anyone that isn’t currently listed in the TRO as representing legal counsel.

        • I watched Todd Vandermyde’s latest update video on Friday’s ruling on his channel on YouTube last evening. Unless I’m missing something, I came away with the idea that Todd did NOT offer an opinion nor advice on how the ruling applies statewide. In fact, I believe he said the best thing one can do is to obtain a proper legal opinion from a qualified attorney before assuming it’s a statewide ruling. That’s how I’m proceeding myself. I’ll wait it out and see what unfolds over the next few months. Until it’s crystal clear, I’m abiding by the new laws. I’m too old to be a test case and I don’t have the funds to battle it out via the courts with the elites in Springfield. It stinks, but it is what it is for now. Just passing along what I believe I heard Todd say. IMO,Todd is one of the sharpest minds in the 2a world in Illinois and we’re lucky that he works on our behalf. I didn’t have the time to watch Tom Devore’s Livestream. Mr. Devore was on a very lousy WiFi connection as he was streaming, so watching a part of the replay I only heard every other word he was saying. I’m not smart enough to offer anyone legal advice on anything, nor am I an attorney. I not sure Mr. Boch is correct, but if that’s what he thinks, I’m in no position to argue against his findings. I just choose to proceed with a lot of caution for obvious reasons. Have a nice weekend everyone.

  8. Actually Devore does say differently in an unwatchable twitter video but Stocks says this:

    https://www.thecentersquare.com/video_0222a760-ba16-11ed-9958-dbd6db490444.html

    Devore is charging people $200 to be part of one his 3 cases.
    He also seems a tad bit mad that Stocks got a broad ruling that the law was unconstitutional.
    That got Raouls panties in a bunch.
    I’ll find out tomorrow when I go to the LGS.
    If they are selling guns that are banned then Stocks is correct.
    It seems we have dueling attorneys and legal interpretations.

    • I suspect you are correct. Or at least Boch is. Where I would buy a gat(tomorrow)in Indiana I’m not certain they are bright enough to know the latest updates. Since I’m pretty well stocked in gunz & ammo it’s a moot point…I won’t buy a dang thing in Cook county save some 15round magazines.

  9. All them judges are going to do is make it difficult for law enforcement officers to collect your gunms when somthing bad happens.
    Like after a hurricane or before a War.
    .
    “He died because of his belief in his rights.”
    Yes he did.
    Next.

  10. I have a feeling this is going to be a disappointing and confusing start for to the weekend for a lot of people hoping to go nuts and stock up. I truly hope that we get clarification first thing from a higher authority (judge of some sort?). it’s not looking as promising as it was when the news first came out last night…

    • Three shops I called this morning are acting like it didn’t happen (will continue to check as day progresses and more open) Was told by one, “you must have misunderstood…”. Either Devore’s email spooked everyone, Pritzkers “inaccurate” comments shut everyone down, or this is too vague with too many variables to get the ball rolling. Would appear we are no different from yesterday morning.

  11. Appeals Court Issues New Opinion Finding Federal Gun Control Law Unconstitutional (United States v. Rahimi case). Ruling > https://storage.courtlistener.com/recap/gov.uscourts.ca5.204593/gov.uscourts.ca5.204593.154.1.pdf … .

    “Our prior panel opinion, United States v. Rahimi, 59 F.4th 163 (5th Cir.
    2023), is WITHDRAWN and the following opinion is SUBSTITUTED
    therefor:

    The question presented in this case is not whether prohibiting the possession of firearms by someone subject to a domestic violence restraining order is a laudable policy goal. The question is whether 18 U.S.C. § 922(g)(8), a specific statute that does so, is constitutional under the Second Amendment of the United States Constitution. In the light of N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022), it is not.” .

    .

    • For the nerds in the room, look at the written opinion starting page 16. Its interesting because it outlines just about every analogue argument the government tries for gun control wins in courts and outlines why and where each one is defeated.

      • Gonna be a little while before I get all the way through but starting with abuses by the crown that we rebelled against for liberty is a hilarious basis for their laws.

  12. The scope of this ruling is a subject of dispute, with the attorney for the lead plaintiff contending that it applies statewide and Pritzker’s office contends it does not. The Illinois attorney general’s office immediately appealed to the state Supreme Court.

    First we need to remove Pritzker’s ‘public opinion’ from this (probably based on the Illinois attorney general’s office opinion we also need to remove from this) – because its not reliable because its known he and his attorney general’s office have issued statements publicly on the ‘legal merits’ of various ‘gun control agenda’ stuff that were either already known to be false when they were stated or proved to be false later in at least 90% of cases while this bill was in the works or initially after it was signed into law. So relying on these as ‘valid’ is at very best ‘laughable’ because they have made their bias in agenda known to be a ‘carpet bombing at all cost because we want to and the heck with the constitution and the truth’ tactic, which is the very reason Pritzker signed this abomination into law to begin with. Pritzker even hinted at this tactic and reason in some of his public statements. But at the same time many states attorneys around the state have said they will not enforce this law and they believe it to be unconstitutional and a number of sheriffs in the state and other legal experts have the same opinion as these, and other judges in counties have ruled it unconstitutional and illegal as well and not to forget that the ban is already prohibited as unconstitutional under the U.S. constitution by SCOTUS decision in Heller (e.g. hint = ‘common use’) and further prohibited in Bruen by incorporation of Heller in Bruen.

    But, even though the statements of Pritzker and his attorney generals office are most likely an attempt to keep the law in effect ‘by proxy’ of introducing enough doubt so that pro-gun people remain unsure thus do not go out and start buying guns and magazines etc… thus in effect still trying to unconstitutionally ban by chilling effect – it is a fact that even if the court decision turns out to not apply state wide it certainly applies in the scope of that courts jurisdiction (Macon County) until the State Supreme court says otherwise so you pro-gun people living in that jurisdiction can probably have fun with buying.

    • The application of this ruling is far from certain. In the plaintiff motion for summary judgment there was no request for injunctive relief. The ruling finds the law unconstitutional on its face but is silent on the existing TRO and makes no mention of a permanent injunction. Typically when an Illinois Circuit Court finds a statute unconstitutional, the judgement will contain specific injunctive language. While the previously granted TROs remain in effect, it is unclear whether the ruling actually changed anything for anybody.

  13. Asgard Arms in Crete,ILL & Sheepdog Firearms in Monee,ILL would be a good bet to know the “legality” of buying whatever was ok before this Dim BS. They both were part of successful suits but only for named ie paying plaintiffs. At least that’s my understanding🙄

  14. I stopped at three gun LGS’s and they are “awaiting clarification” so for right now the answer is no, the law is still in effect. They will wait until Monday and get clarification then because Devore is screaming NO.

    IOWs it would cost him money, he would have to give people back their money that were covered under his TRO. The last I checked the Second Amendment applied to ALL, not just those who paid an attorney.

    I think he’s pissed because Jerry Stocks got a ruling that fast tracks this to the IL Supreme Court.

    It had to go that route anyway, Pritzker and Raoul have already appealed the decision and the paperwork will be filed 3/6 in a court more favorable to them. It will be interesting to see if the ISC follows Bruen.Then it’s off to a Federal court and eventually SCOTUS.

    I will call the LGS that I do the most business with at when they open at noon and see what say.

  15. crim-e raoul & crime-sha foxx don’t want their constituents & relatives to get shot up while they go about their thug-business

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