Deerfield, IL Assault Weapon Ban

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  • davsco

    Ultimate Member
    Oct 21, 2010
    8,625
    Loudoun, VA
    here is some of the language. they want to increase the public's "sense of safety." so they're basically saying this won't make a diff but at least the public will feel better.

    WHEREAS, the corporate authorities of the Village of Deerfield find that amending
    Village of Deerfield Ordinance No. 0-13-24 (July 1, 2013) to prohibit the possession, manufacture
    and sale of assault weapons in the Village of Deerfield may increase the public’s sense of safety
    at the public schools, public venues, places of worship and places of public accommodation located
    in the Village of Deerfield; and
    WHEREAS, the corporate authorities of the Village of Deerfield find that amending
    Village of Deerfield Ordinance No. 0-13-24 (July 1, 2013) to prohibit the possession, manufacture
    and sale of assault weapons in the Village of Deerfield may increase the public’s sense of safety
    by deterring and preventing a mass shooting incident in the Village of Deerfield, notwithstanding
    potential objections regarding the availability of alternative weaponry or the enforceability of such
    a ban; and
     

    davsco

    Ultimate Member
    Oct 21, 2010
    8,625
    Loudoun, VA
    so, what does protect our right of self defense? are we going to really call and wait for the cops? hit them over the head with a frying pan? hide in a closet? or maybe just take a beating with the hopes it won't result in death or injury?

    WHEREAS, the corporate authorities of the Village of Deerfield find that, since the
    enactment of Village of Deerfield Ordinance No. 0-13-24 (July 1, 2013), the possession,
    manufacture and sale of assault weapons in the Village of Deerfield is not reasonably necessary to
    protect an individual’s right of self-defense
    or the preservation or efficiency of a well-regulated
    militia;
     

    GlocksAndPatriots

    Banned
    BANNED!!!
    Aug 29, 2016
    763
    here is some of the language. they want to increase the public's "sense of safety." so they're basically saying this won't make a diff but at least the public will feel better.

    WHEREAS, the corporate authorities of the Village of Deerfield find that amending
    Village of Deerfield Ordinance No. 0-13-24 (July 1, 2013) to prohibit the possession, manufacture
    and sale of assault weapons in the Village of Deerfield may increase the public’s sense of safety
    at the public schools, public venues, places of worship and places of public accommodation located
    in the Village of Deerfield; and
    WHEREAS, the corporate authorities of the Village of Deerfield find that amending
    Village of Deerfield Ordinance No. 0-13-24 (July 1, 2013) to prohibit the possession, manufacture
    and sale of assault weapons in the Village of Deerfield may increase the public’s sense of safety
    by deterring and preventing a mass shooting incident in the Village of Deerfield, notwithstanding
    potential objections regarding the availability of alternative weaponry or the enforceability of such
    a ban; and

    Why shouldn't they do that? The 7th Circuit ruled that that was all the justification they need in Highland Park. I lay all the blame for this squarely on the cowards on SCOTUS that refuse to take any of these cases.
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    SAF wins on preemption

    SAF was joined in the lawsuit by the Illinois State Rifle Association and Deerfield resident Daniel Easterday, who is a lawful firearms owner. SAF and ISRA had challenged the ban on the grounds that it violates the state’s preemption law that was adopted in 2013. That change amended state statute that declared “the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with this Act, shall be invalid…”
     

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    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    SAF was joined in the lawsuit by the Illinois State Rifle Association and Deerfield resident Daniel Easterday, who is a lawful firearms owner. SAF and ISRA had challenged the ban on the grounds that it violates the state’s preemption law that was adopted in 2013. That change amended state statute that declared “the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with this Act, shall be invalid…”

    Woo hoo!

    More from SAF here https://www.saf.org/court-grants-injunction-in-saf-challenge-of-deerfield-il-gun-ban/
     

    S&WDDS

    Member
    Feb 26, 2015
    51
    Howard County
    Let's hope the rest of the state, outside of Chicago and it's burbs, has enough clout to prevent Springfield from wielding it's 'exclusive powers and functions" and banning them at the state level.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,181
    Anne Arundel County
    Let's hope the rest of the state, outside of Chicago and it's burbs, has enough clout to prevent Springfield from wielding it's 'exclusive powers and functions" and banning them at the state level.

    Both houses of the Illinois legislature are majority D. The Senate is >60% D. But not quite enough to override a veto by GOV Rauner, an R. But he's not particularly popular (just barely squeaked by in the R primary this year), and will probably lose to the D candidate in November, a D who is a close affiliate of Rahm Emmanuel, so expect a full-on anti-2A Californication in IL next year at the state level.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,421
    Montgomery County
    So, the fight (from the SAF et al) is over the town's flaunting of state law, not of the Second Amendment? I get it - the IL preemption law violation was the low hanging fruit. And perhaps this wasn't the right time/venue to duke it out over the larger constitutional issues. But it does feel like it's just kicking the can down the road, where a lefty state legislature will just do the same damn thing to the whole state.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    SAF Press release

    COURT GRANTS INJUNCTION IN SAF CHALLENGE OF DEERFIELD, IL GUN BAN [​

    BELLEVUE, WA – A circuit court judge in Lake County, Illinois has granted an injunction against the Chicago suburb of Deerfield, blocking the village from enforcing a ban on so-called “assault weapons,” and handing a victory to the Second Amendment Foundation.

    SAF was joined in the lawsuit by the Illinois State Rifle Association and Deerfield resident Daniel Easterday, who is a lawful firearms owner. SAF and ISRA had challenged the ban on the grounds that it violates the state’s preemption law that was adopted in 2013. That change amended state statute that declared “the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with this Act, shall be invalid…”

    There was a short grace period during which municipalities in the state could change or adopt their gun laws, and Deerfield maintained that its ban was merely an amendment to an earlier ordinance that regulated firearms.
    “We moved swiftly to challenge this gun ban because it flew in the face of state law,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The village tried to disguise its extremism as an amendment to an existing ordinance. The ordinance bans possession of legally-owned semi-auto firearms, with no exception for guns previously owned, or any provision for self-defense.

    “Worse, still,” he added, “the ordinance also provided for confiscation and destruction of such firearms and their original capacity magazines. It was outrageous that the ban would levy fines of up to $1,000 a day against anyone who refused to turn in their gun and magazines or move them out of the village. This certainly puts the lie to claims by anti-gunners that ‘nobody is coming to take your guns.’”

    Plaintiffs were represented by Glen Ellyn attorney David Sigale.

    The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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