Effingham, IL. (ECWd) –
A Temporary Restraining Order has been issued from Effingham County Judge Joshua Morrison enjoining all Defendants (Governor Pritzker, Speaker of the House Welch, Senate President Harmon, AG Raoul) or any law enforcement or administrative agency under its control from exercising any color of authority to enforce any and all elements of HB5471, against all Plaintiffs named in this action.
This is only applicable to the named Plaintiffs at this time.
A Preliminary Injunction Hearing is set for February 1, 2023, at 9:30 a.m. in Effingham County Circuit Court.
Read the TRO below – see Docket Entry (here):TEMPORARY RESTRAINING ORDER
kathiann54Posted at 11:32h, 21 January
This is excellent. DeVore came at it from a different angle instead of outright declaring the ban a violation of the 2nd amendment. He went after the Assembly’s procedures as violations. of the law and process.
Frank MillerPosted at 13:46h, 21 January
Many people will be surprised to learn HB5471, the Protect Illinois Communities Act, could be considered constitutional, depending on how the Act was interpreted. In particular, let us look at the definition of “person” as described below from the Illinois Administrative Procedure Act.
(5 ILCS 100/1-60) (from Ch. 127, par. 1001-60)
Sec. 1-60. “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.
(Source: P.A. 87-823.)
The Illinois Administrative Procedure Act does not provide a definition of “individual”, so it is open to intrepretation depending on the context in which it is being used.
The discussion below is taken from the youtube.com video entitled, ‘Complaints + Quasi-Judicial Courts’, starting at the 14 minute mark in the video.
“So I don’t want people to just guess anymore. We’re going to learn how to read a statute. …
An ‘individual’ would be like Joe the plumber, that went to the state and registered a business license with the state. He’s not a corporation, most likely, he’s probably operating as a sole proprietorship. People get confused and think, that must be me, individual.
Everything after individual is what’s called a legal entity. Registered legal entities operate by statute and charter. This is where their rights and duties and obligations come from. We are different from everything else in that list. Brandon and I don’t get our rights from statutes and charters. We have inherent natural god given rights that are secured by the Constitution.
Let’s see what the courts read it as, the Rules of Statutory Construction. When interpreting a statute, words that can have more than one meaning are given content by their surroundings.
What you will see here is that in context, individual, is defined by the words that follow it. So if it’s a corporation, joint stock company, organization, everything else behind that word, then it can only be one thing – a sole proprietorship. It cannot be the living breathing man or woman, because it would delegate everyone to involuntary slave status. It would be a violation of your rights to substantive due process.
If you go read the criminal statutes what does it say? ALL persons(vs. any person). It does not delegate, it does not deviate.”
Frank MillerPosted at 13:47h, 21 January
Link to the video described above for convenience.