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Illinois Appellate Court keeps assault weapons ban on hold for some specific gun owners who sued

Appellate Court upholds restraining order on assault weapons ban
Appellate Court upholds restraining order on assault weapons ban 00:29

CHICAGO (CBS) -- An Illinois Appellate Court panel's ruling on Tuesday will keep the state's new assault weapons ban on hold – at least for some specific gun owners.

In a 2-1 decision, the Fifth District Appellate Court panel ruled because of some exemptions in the law, plaintiffs in a case out of downstate Effingham County had a reasonable argument that it violates their "equal protection rights."

The temporary restraining order that was upheld only means the law cannot be enforced for those particular 866 people and gun businesses who were plaintiffs in the downstate lawsuit.

Accuracy Firearms of Effingham was the lead plaintiff in the lawsuit. Four of the plaintiffs were licensed firearms dealers, and the rest Illinois state residents from 87 counties, including Cook.

Illinois Attorney General Kwame Raoul plans to appeal the ruling to the Illinois Supreme Court.

Meanwhile, several county sheriffs throughout the state, including some in the Chicago area, announced this month that they would not enforce parts of the law.

The law, which was passed and went into effect on Jan. 11, had been debated for years, but found renewed support following the July 4 Highland Park parade massacre last year, which left seven people dead and dozens more wounded. The 21-year-old suspect used a legally-purchased semiautomatic weapon, prosecutors said.

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