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.

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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.