McHenry County's lawsuit against Illinois over assault weapons ban heads to federal court

McHENRY COUNTY, Ill. - McHenry County's lawsuit against the state of Illinois over its assault weapons ban is headed to federal court. 

The county is claiming the ban on assault weapons is unconstitutional.

McHenry County's State's Attorney Patrick Kenneally requested an emergency restraining order to block the law from taking effect in McHenry County. 

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On Monday, Illinois Attorney General Kwame Raoul requested the case be moved to federal court.

"The reason for bringing the lawsuit is I have a statutory obligation not only to carry out my statutory duties but also because I've sworn an oath to protect and defend the Illinois Constitution as well as the United States Constitution. This lawsuit is an attempt to balance both of those sometimes competing interests," said Kenneally.

Kenneally is waiting to get a date for the next hearing — this time in federal court.