Federal judge denies TRO against Illinois assault weapons ban for Naperville gun store owner

CHICAGO (WLS) — A federal judge in Chicago denied a Naperville gun store owner and other plaintiffs a temporary restraining order against the Illinois assault weapons ban.

The ruling, issued by the Seventh Circuit Court, rejected the lawsuit partially on Second Amendment grounds, writing, “Because assault weapons are particularly dangerous weapons and high-capacity magazines are particularly dangerous weapon accessories, their regulation accords with history and tradition. Naperville and Illinois lawfully exercised their authority to control their possession, transfer, sale and manufacture by enacting a ban on commercial sales. That decision comports with the Second Amendment.”

MORE: Downstate judge issues temporary restraining order over Illinois’ new assault weapons ban

The gun store owner had argued the ban causes irreparable harm to his business.

Two state lawsuits, filed in White County and Effingham, have succeeded in getting temporary restraining orders against the ban for thousands of plaintiffs, including failed Republican gubernatorial candidate Darren Baily. This is the first ruling issued in federal court, and the first to deny a temporary restraining order against the ban.

RELATED: Another temporary restraining order issued for Illinois assault weapons ban by White Co. judge

There are more lawsuits pending in both state and federal court over the Illinois assault weapons ban.