Judge Blocks Gun Ban in Chicago

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  • Aventus

    Banned
    BANNED!!!
    Sep 5, 2016
    778
    Hopefully this will grow!!!!

    https://dailycaller.com/2019/03/22/judge-blocks-gun-ban-chicago-suburb/

    A Lake County, IL Circuit Court judge blocked the village of Deerfield from enforcing its ban on assault weapons, striking a legal blow to gun control efforts at the local level.

    According to The Chicago Tribune, Judge Luis Berrones issued a permanent injunction against the Chicago suburb, writing that the plaintiff firearm owners have “a clearly ascertainable right to not be subjected to a preempted and unenforceable ordinance” that bans them from having these firearms, mandates monetary fines for possessing them and enables law enforcement to seize these firearms. (RELATED: Kamala Harris Calls For Gun Ban)

    In April 2018, Deerfield trustees voted to ban the possession of specific semi-automatic guns like the AR-15 and AK-47, as well as magazines that hold more than 10 rounds.

    The ban came in the wake of the Marjory Stoneman Douglas High School shooting and violations of the ban carried a fine between $250 and $1,000 per day, The Chicago Tribune reported.

    Gun rights groups immediately filed a legal challenge to the ban, citing 2013 Illinois state legislature action that gave a 10-day window to local municipalities to ban assault weapons, prior the new concealed carry law, which Deerfield did not take advantage of at the time.

    Deerfield Village Trustees ban assault weapons in 2018

    “We are very gratified with the judge’s ruling and we are glad the court recognized the ordinances were unenforceable,” David Sigale, a lawyer for one of the plaintiffs told Tribune.

    As with most cases related to the Second Amendment, it appears another legal round is already brewing. Deerfield officials told The Tribune they are studying the ruling and figuring out their next steps with their legal team which includes an appeal to the Illinois Appellate Court.

    “The NRA is proud to have supported this challenge to Deerfield’s ban on commonly owned firearms and magazines,” said Chris W. Cox, executive director of NRA’s Institute for Legislative Action. “This ruling affirms that every law-abiding Deerfield resident has the right to protect themselves, their homes, and their loved ones with the firearm that best suits their needs.”

    The court found that Deerfield’s attempt to amend an existing firearm ordinance was a violation of state law. The ordinance would have allowed local authorities to confiscate and destroy semi-automatic rifles and standard capacity magazines possessed within village limits.

    The challenge was originally filed in 2018 by Guns Save Life with support from the NRA.

    “This unprecedented interpretation of state legislative action and intent make this case ripe for appeal,” village officials said in a statement.

    “The NRA is proud to have supported this challenge to Deerfield’s ban on commonly owned firearms and magazines,” said Chris W. Cox, executive director of NRA’s Institute for Legislative Action. “This ruling affirms that every law-abiding Deerfield resident has the right to protect themselves, their homes, and their loved ones with the firearm that best suits their needs.”

    The court found that Deerfield’s attempt to amend an existing firearm ordinance was a violation of state law. The ordinance would have allowed local authorities to confiscate and destroy semi-automatic rifles and standard capacity magazines possessed within village limits. (RELATED: Boulder Residents File Lawsuit Against City Over ‘Assault Weapons’ Ban)

    The challenge was originally filed in 2018 by Guns Save Life with support from the NRA.

    A similar firearms ban on the same type of semi-automatic rifles went into effect last January in Boulder, Colorado and gun rights groups reacted similarly to those in Deerfield, Illinois.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    I’d like to know the difference between this and the neighboring Highland Park case which lost in the Federal Courts...surprised with the victory...

    Deerfield was about state pre-emption of local firearms law and tried in IL state court. Not a true 2A decision , just about whether local jurisdiction has authority to pass a law when state law says only state can regulate that issue. Highland Park was about 2A and in Federal court.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    I’d like to know the difference between this and the neighboring Highland Park case which lost in the Federal Courts...surprised with the victory...

    Localities had a 10 day period to impose an AWB after the new law passed post-Moore. Deerfield didn't do anything until recently.
    Plain and simple they missed their chance.
     

    mcleftnut

    Member
    May 14, 2015
    47
    Salisbury
    Hopefully this will grow!!!!

    https://dailycaller.com/2019/03/22/judge-blocks-gun-ban-chicago-suburb/

    The ban came in the wake of the Marjory Stoneman Douglas High School shooting and violations of the ban carried a fine between $250 and $1,000 per day, The Chicago Tribune reported.
    [/I][/B]

    IANAL
    Do you think the $$ amount had anything to do with this? To ME, this is excessive, even if someone is trying to surrender a rifle they my not have a day off or be able to turn it in for a few days.

    The supreme court just made a unanimous decision on the "excessive fines" part of the 8th amendment.

    I hope the rationale was that the bill is pointless but I'm jw if that dollar amount is considered an excessive fine.
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    Waiting patiently for this to boil down to final answer. I think it will pass muster, but stranger things have happened.
     

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