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April 19, 2024

Appellate Court Upholds TRO Against Illinois Gun Ban –

By John Kraft & Kirk Allen

On January 31, 2023


The Fifth Appellate Court uphold the TRO issued by the Effingham Circuit Court as it relates to Count IV.

Count IV (equal protection) was sufficient to affirm the Effingham Circuit Court’s issuance of the TRO.

White County has not yet made a decision, and a third case will be filed soon by Tom DeVore.

Disposition - 5th



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  • Dave
    Posted at 17:31h, 31 January

    Marbury vs. Madison, 1803, Supreme Court Decision : Any law passed contrary to the Constitution is void.. An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed.

    It is an ancient Principle of Law that a “law” which is contrary to the Constitution is “no law at all”; it is void ab initio (void from the beginning) and binds no one.

    The gun ban bill, HB5471 was made contrary to the Illinois constitution,:
    Specifically: violates Article IV, Section 8, clause “d” –
    (d) A bill shall be read by title on three different days in each house. A bill and each amendment thereto shall be reproduced and placed on the desk of each member before
    final passage.

    Bills, except bills for appropriations and for the codification, revision or rearrangement of laws, shall be confined to one subject. Appropriation bills shall be limited to the subject of appropriations

    The Speaker of the House of Representatives and the President of the Senate shall sign each bill that passes both houses to certify that the procedural requirements for passage have been met. ~ (source Illinois state constitution)

    • Kathiann
      Posted at 12:05h, 01 February

      Totally on board with this comment.

  • Raul Ybarra
    Posted at 17:41h, 31 January

    Is there any word on a case filed in Madison County that we could sign onto?