Judge Says He Will Revisit His Decision on Assault Weapons Ban

Judge Douglas Jarman Wednesday took under advisement arguments for and against the Assault Weapons Ban following a hearing in Effingham County Circuit Court.

Jarman had agreed in November to reconsider his earlier decision in August to dismiss the lawsuit filed by Accuracy Firearms of Effingham and some 7,000 other plaintiffs, against the ban.

A Macon County case brought by St. Rep. Dan Caulkins of Decatur that involved some of the same arguments as the local case was dismissed by the Illinois Supreme Court and, days later, Jarman dismissed the local case. 

During Wednesday's hearing, attorney for the plaintiffs Thomas DeVore said they presented a lot of discovery to be considered and that while two of the counts in their suit were dismissed by Jarman, the third count alleges that the Ban violates equal protection under the law. DeVore asked Jarman to rescind his earlier ruling and reinstate the temporary restraining order against the Ban's implementation. He said the local case is different because there was no discovery presented in the Macon County case, but plenty of information in the local case.

That could be tough to reconcile, since January 1 was the date for citizens to register their weapons and ammunition under the Ban and many citizens have complied.

Bryan Drew, who is serving as co-counsel with DeVore for the plaintiffs, contended that they want a hearing to debate the merits of the evidence. Drew said, "These 7,000 did everything they were supposed to do; Judge, we just want our case to be heard." He asked for the dismissal of the equal protection count to be vacated and reconsidered.

Judge Jarman did not indicate when he would issue his ruling in the matter.