Pritzker rival Darren Bailey tops list of new plaintiffs in second assault weapon ban suit

Sen. Darren Bailey surrounded by leaders from the Illinois Fraternal Order of Police on July 27, 2022.(Mike Miletich)
Published: Jan. 23, 2023 at 5:11 PM CST

PEORIA (25 News Now) - Failed gubernatorial challenger and former State Senator Darren Bailey tops the list in a new lawsuit filed against the assault weapon bam.

This time the suit is based in White County, Illinois, which is near the southern Illinois border. The law offices of Tom DeVore, a Bailey ally and former Attorney General candidate, say around 1,500 residents have signed on to the second suit. The same three state leaders are listed as defendants: Gov. JB Pritzker, Speaker of the House Emanuel “Chris” Welch, and Senate President Don Harmon.

The first suit, filed in Effingham County, resulted in a temporary restraining order getting placed on the ban. However, that restraining order only applies to the original 862 plaintiffs and four gun shops listed in the suit.

The case has been granted an emergency hearing at 9 a.m., Wednesday in White County. Based on the filing provided to 25News, plaintiffs plan to argue for the emergency restraining order on the same legal logic as the first case.

In the previous case, DeVore did not argue the law violated the Second Amendment of the US Constitution, but rather that the law was passed in an unconstitutional way according to the Illinois State Constitution. He argued Illinois lawmakers violated the single-subject rule, three readings clause, and due process for the public when they passed the legislation earlier this month.

The second suit comes at the same time the Attorney General’s office filed an appeal against the first restraining order to the appellate court.