Thursday, April 5, 2018

Deerfield Sued Over Gun Ban By ISRA And SAF


The Village of Deerfield, Illinois passed an ordinance on Monday, April 2nd, that would ban "assault weapons" (sic) and standard capacity magazines. The ordinance contains a $1,000 a day fine for each day the items remain within the limits of the village. According to the ordinance posted on the village's website, it becomes effective immediately but gives residents 60 days to remove the firearms and magazines.

As reported by CBS News:
The ordinance states, "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."

So, beginning June 13, banned assault weapons in Deerfield will include semiautomatic rifles with a fixed magazine and a capacity to hold more than 10 rounds of ammunition, shotguns with revolving cylinders, and conversion kits from which assault weapons can be assembled. And those are just a few of the firearm varieties banned. The list is long and includes all the following models or duplicates thereof: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR, AR-10, AR-15, Bushmaster XM15, Armalite M15, Olympic Arms PCR, AR70, Calico Liberty, Dragunov SVD Sniper Rifle, Dragunov SVU, Fabrique NationalFN/FAL, FN/LAR, FNC, Hi-Point Carbine, HK-91, Kel-Tec Sub Rifle, SAR-8, Sturm, Ruger Mini-14, and more.
You will note that the Ruger Mini-14 is included in the ban. Many other earlier bans specifically excluded it.

In response, the Illinois State Rifle Association and the Second Amendment Foundation have filed suit against the Village of Deerfield in state court. According to their email alert:
The Illinois State Rifle Association (ISRA) and Second Amendment Foundation (SAF) have filed a lawsuit against the Village of Deerfield this morning, April 5, 2018. This legal action is a challenge to the Defendant’s Ordinance O-18-06, passed on April 2, 2018, which bans assault weapons (used specifically as that term is defined in O-18-06) within the Defendant’s municipal limits.

The suit was filed In the Circuit Court of the Nineteenth Judicial Circuit Lake County, Illinois, Chancery Division.
If you want to donate to the ISRA Legal Assistance Committee, you can donate here. ISRA's LAC is a 501(c)(3) so it would be tax deductible.

I will have more up on the suit once I can get a copy of the complaint.

UPDATE: Below is the release from the Second Amendment Foundation on the lawsuit, Easterday et al v. Deerfield.
BELLEVUE, Wash., April 5, 2018 /PRNewswire-USNewswire/ -- The Second Amendment Foundation today filed a lawsuit against the Chicago suburb of Deerfield, Illinois seeking an injunction against enforcement of the ban on so-called "assault weapons" and "large capacity magazines" adopted by the Village Board of Trustees earlier this week.

Joining SAF in the legal challenge is the Illinois State Rifle Association and a private citizen, Daniel Easterday, who resides in the village and is a gun owner. The lawsuit was filed in the 19th Judicial Circuit Court in Lake County. Plaintiffs are represented by Glen Ellyn attorney David Sigale.

The lawsuit challenges the village ban under a 2013 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…"

"We moved swiftly to challenge this gun ban because it flies in the face of state law," said SAF founder and Executive Vice President Alan M. Gottlieb. "While the village is trying to disguise this as an amendment to an existing ordinance, it is, in fact, a new law that entirely bans possession of legally-owned semi-auto firearms, with no exception for guns previously owned, or any provision for self-defense.

"The new ordinance also provides for confiscation and destruction of such firearms and their original capacity magazines," he added. "What is particularly outrageous about this new law is that it levies fines of up to $1,000 a day against anyone who refuses to turn in their gun and magazines or move them out of the village by the time the ordinance takes effect in June. This certainly puts the lie to claims by anti-gunners that 'nobody is coming to take your guns.'"

4 comments:

  1. Maybe I'm paranoid, but I thought the whole thing was intended to screw some ordinary guy into having to pay to take this to the state's supreme court. The real issue is that the state claims preemption on all firearms laws and they want to overthrow that law.

    The same thing is going on in Florida, but the cities have decided to sue the state directly over the right to preempt state gun laws. Here, the state claimed preemption all along but never put teeth in it. There were no penalties for a city to declare a park or other place to be a gun free zone while the state (that issued our permits) said the parks were legal for carry. Naturally, since there were no consequences, the petty tyrants put "no guns" signs wherever they wanted. Two years ago (three?) the state legislature ruled that there would be penalties, including personal fines against elected officials that enacted those laws. That angers the petty tyrants who want to enact their "no return fire zones"

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    1. There is state preemption in Illinois. However, as part of the law that authorized shall-issue concealed carry, it allowed home rule cities like Deerfield (and Chicago) up to 10 days to adopt ordinances that would be treated as pre-existing to state preemption. Deerfield adopted such a ordinance back then but I really don't know how amendments to an existing ordinance will be treated.

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  2. Sue the city for $1000/day that the illegal and unconstitutional law is on the books.

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    1. Times the number of residents, of course!

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