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Deerfield AWB Lawsuit Filed


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#61 Jeckler

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Posted 07 April 2018 - 06:43 AM

At this time, the NRA/GSL suit is non-existent.
Easterday v. Deerfield is the only suit in this matter on record.
 
I cannot comment further on this matter except to say that I am proud to stand alongside ISRA and SAF in this matter.
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Thank you for standing up and carrying the torch. Good luck.

Edited by Jeckler, 07 April 2018 - 06:46 AM.


#62 mchenryill

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Posted 07 April 2018 - 11:30 AM

Does anybody know what the story is with the NRA and their lawsuit claim? I'm seeing more about them in the news than about ISRA and SAF. Both of which I've donated to.



#63 Mr. Fife

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Posted 07 April 2018 - 11:34 AM

Does anybody know what the story is with the NRA and their lawsuit claim? I'm seeing more about them in the news than about ISRA and SAF. Both of which I've donated to.

Sounds like fake news.
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#64 soundguy

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Posted 07 April 2018 - 03:15 PM

From NRA-ILA 4/4/18 NRA to support Guns Save Life in Illinois Lawsuit
Fairfax, Va. — The National Rifle Association Institute for Legislative Action (NRA-ILA) today announced support for a lawsuit brought by Guns Save Life challenging the Village of Deerfield, Illinois’ gun confiscation ordinance. The lawsuit challenges Deerfield’s recent attempt to criminalize so-called “assault weapons” and “high capacity magazines” within village limits.

 


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#65 mchenryill

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Posted 07 April 2018 - 03:49 PM

From NRA-ILA 4/4/18 NRA to support Guns Save Life in Illinois Lawsuit

Fairfax, Va. — The National Rifle Association Institute for Legislative Action (NRA-ILA) today announced support for a lawsuit brought by Guns Save Life challenging the Village of Deerfield, Illinois’ gun confiscation ordinance. The lawsuit challenges Deerfield’s recent attempt to criminalize so-called “assault weapons” and “high capacity magazines” within village limits.

 

 

 

Been a long time NRA member and saw the article in NRA-ILA, but I haven't been able to find any details on the suit or where it was filed. You can find details on the IRSA suit.



#66 kevinmcc

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Posted 08 April 2018 - 06:24 AM

Any news on the GSL and NRA-ILA lawsuit?

I do not see anything filed.
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#67 InterestedBystander

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Posted 09 April 2018 - 01:33 PM

Any news on the GSL and NRA-ILA lawsuit?I do not see anything filed.

Checked Lake Co circuit court again today and nothing other than the ISRA / SAF case with 4 line items. Seems a bit weird to me nothing from GSL/NRA but I am not sure how it all is supposed to work and timelines.
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#68 skinnyb82

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Posted 09 April 2018 - 03:29 PM

This suit is explicitly tailored to keep it out of federal court. Or at least this is how I'd draft a complaint to keep it from being removed to the Northern District of Illinois (which is packed with Obama and Clinton appointees). If there had been any counts alleging constitutional infringements, Deerfield could have it removed to federal district court. No, only violations of state law, which must be litigated in state court. I'll laugh my a** off if Deerfield tries removing it to ILND.
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#69 cybermgk

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Posted 09 April 2018 - 05:05 PM

This suit is explicitly tailored to keep it out of federal court. Or at least this is how I'd draft a complaint to keep it from being removed to the Northern District of Illinois (which is packed with Obama and Clinton appointees). If there had been any counts alleging constitutional infringements, Deerfield could have it removed to federal district court. No, only violations of state law, which must be litigated in state court. I'll laugh my a** off if Deerfield tries removing it to ILND.

Yes, I think they are being very smart on this one, best, easiest route to just get it tossed out.


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#70 officedrone

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Posted 10 April 2018 - 07:15 PM

What are our chances here considering the results of Friedman v Highland Park? And the seemingly moribund Wilson?


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#71 soundguy

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Posted 10 April 2018 - 09:26 PM

What are our chances here considering the results of Friedman v Highland Park? And the seemingly moribund Wilson?

 

Something makes me think Friedman kept his banned guns in Deerfield. He can't lose twice, right?


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#72 kwc

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Posted 11 April 2018 - 06:27 PM

Any news on the GSL and NRA-ILA lawsuit?I do not see anything filed.

If Im accurately reading between the lines, Alan Gura (works often with SAF) is wondering the same thing:

https://twitter.com/...7187243009?s=21

So about a week ago, a certain organization announced it was filing a lawsuit. This was reported by various outlets. Still VAPORWARE! Reporters: no complaint, no story! A good rule for attorneys, too.


Edited by kwc, 11 April 2018 - 06:36 PM.

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#73 InterestedBystander

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Posted 11 April 2018 - 06:56 PM

From the comments section at GSL. Would seem to still be alive, just moving slowly.

http://www.gunssavel...e-nras-support/

"...The ISRA/GOA's lawsuit is available on-line, but I cannot find the GSL/NRA lawsuit. Most of the Chicago papers and their copycats acknowledge the ISRA/GOA lawsuit but not the GSL/NRA lawsuit. Should we as members of GSL/NRA make some attempt to correct this oversight, or is there some strategy recommending a lower profile?

Thanks again.


jboch on April 10, 2018 at 11:19 am
There are strategies at work here.

Yes, completely different lawsuits. We announced ours, then the next day, the ISRA announced theirs.

As for what we're going to ask for, I'll let the attorneys give me direction as to what to say and when to say it. They're exploring a lot of angles, and I feel very good about achieving success in our action.

It won't happen instantly though.

One media reporter asked me, "The people of Deerfield clearly want this. Why are you challenging it?" I replied (paraphrasing), "You know, at one time a lot of people wanted segregation in schools, but that didn't make it right."

John


John Richardson on April 11, 2018 at 7:22 am
Again, are you filing in state or Federal court? I'd like to help publicize it outside of Illinois.

jboch on April 11, 2018 at 12:22 pm
State court."...



Edited by InterestedBystander, 11 April 2018 - 07:34 PM.

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#74 Black Flag

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Posted 11 April 2018 - 07:23 PM

My take on this, and correct me if I'm wrong, the fact that no one can find their case,  and jboch's comments seem diametrically opposed to the headline, which read:

 

Guns Save Life files suit against Deerfield’s gun confiscation ordinance with NRA’s support

 

"Files suit" means doing it.  Now. 

Not formulating the strategy and searching for the _______ _____. 

Not beating everyone to the announcement.


Edited by Black Flag, 11 April 2018 - 07:24 PM.

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#75 MadRiverMike

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Posted 14 April 2018 - 12:16 AM

Thanks for standing up to the Politicians Dan!  I just joined the ISRA (for the first time) and also gave a separate donation to the Legal fund for your fight.  Stay strong!


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#76 Blade13

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Posted 19 April 2018 - 04:55 PM

http://www.thetrutha...-gun-ban-filed/

 

This morning, in Lake County, Illinois circuit court, Guns Save Life filed a legal challenge against the newly-amended Deerfield, Illinois gun ban. With the help of the National Rifle Association’s Institute for Legislative Action, GSL seeks to have the local ordinance overturned.

As Guns Save Life’s Executive Director, I can say the NRA has proved magnificent in their support. One could not ask for a better or more experienced partner in this fight. We need to block Deerfield’s unconstitutional effort to deny its residents firearms based merely upon cosmetic appearances.


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#77 InterestedBystander

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Posted 19 April 2018 - 05:10 PM

Still hasnt made it to the court web page yet that I can find
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#78 DG53

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Posted 19 April 2018 - 06:07 PM

Article about the second lawsuit can be found here. Interesting that is contends that the villiage neglected to add language actually banning standard capacity magazines. Ha ha!!!

https://patch.com/il...ntent=deerfield
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#79 Lou

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Posted 19 April 2018 - 06:15 PM

Article about the second lawsuit can be found here. Interesting that is contends that the villiage neglected to add language actually banning standard capacity magazines. Ha ha!!!

https://patch.com/il...ntent=deerfield

 

 

They couldn't even spell his name correctly.


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#80 InterestedBystander

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Posted 19 April 2018 - 06:43 PM

The GSL filing document is here

https://www.scribd.c...rriet-Rosenthal
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#81 kwc

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Posted 19 April 2018 - 06:47 PM

After reading through the ordinance I would agree that it doesn’t actually ban so-called “large capacity” magazines.
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#82 Eli Mcfly

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Posted 20 April 2018 - 06:58 AM

How come the same parties that are suing Deerfield haven't sued cook county/Chicago for the AWB?

#83 cybermgk

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Posted 20 April 2018 - 07:54 AM

After reading through the ordinance I would agree that it doesn’t actually ban so-called “large capacity” magazines.

Yep, I pointed that out right after it passed.  It defines them, but never actually bans them.


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#84 drumgod

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Posted 20 April 2018 - 08:26 AM

The village is confident that it had the authority to enact the ordinance under existing state law.

 

Their lawyers are so inept that the law they crafted doesn't even do what they intended...  but they're confident in their legal authority.  Pfft.



#85 cybermgk

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Posted 20 April 2018 - 10:15 AM

How come the same parties that are suing Deerfield haven't sued cook county/Chicago for the AWB?

Well, the Deerfield they are not directly attacking the constitutionality of the ban (AFAIK).  They are definitely saying it wasn't legal under the preemption clause of the FCCA.  The bill Deerfield filed in the timeframe in 2013 was a transport and storage law, not a ban. 

 

Really boils down to the judge.  But, it is REAL obvious the intent of the preemption clause in the FCCA was, basically "If you want to ban Assault weapons at a municipal level, do it now.  After the window, you can not".  But, we have communities that put a 'shell bill' out at that time.  Some were actual empty ordinances.  Deerfield's at least addressed the weapons in question, by limiting how they had to be stored and transported.  IMHO, the empty shell ordinances, 100% go against the intent of the preemption clause in the FCCA, regardless of what these municipalities were 'assured' at the time.  Deerfield's, imho can be argued to be of the same ilk, as it is a completely different ordinance (they even removed the storage and transport language).  

 

That said, I would like to see one of these bans challenged under the Heller decision, where the decision actually said it is unconstitutional to ban an entire class of weapons that are in common use.  All of these bans violate that.  That said, limiting mag capacity doesn't have a precedent against it.  In fact, Heller somewhat says municipalities can limit that, for the common safety. 


Edited by cybermgk, 20 April 2018 - 10:18 AM.

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#86 Binder2

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Posted 20 April 2018 - 03:06 PM

 

How come the same parties that are suing Deerfield haven't sued cook county/Chicago for the AWB?

Well, the Deerfield they are not directly attacking the constitutionality of the ban (AFAIK).  They are definitely saying it wasn't legal under the preemption clause of the FCCA.  The bill Deerfield filed in the timeframe in 2013 was a transport and storage law, not a ban. 

 

Really boils down to the judge.  But, it is REAL obvious the intent of the preemption clause in the FCCA was, basically "If you want to ban Assault weapons at a municipal level, do it now.  After the window, you can not".  But, we have communities that put a 'shell bill' out at that time.  Some were actual empty ordinances.  Deerfield's at least addressed the weapons in question, by limiting how they had to be stored and transported.  IMHO, the empty shell ordinances, 100% go against the intent of the preemption clause in the FCCA, regardless of what these municipalities were 'assured' at the time.  Deerfield's, imho can be argued to be of the same ilk, as it is a completely different ordinance (they even removed the storage and transport language).  

 

That said, I would like to see one of these bans challenged under the Heller decision, where the decision actually said it is unconstitutional to ban an entire class of weapons that are in common use.  All of these bans violate that.  That said, limiting mag capacity doesn't have a precedent against it.  In fact, Heller somewhat says municipalities can limit that, for the common safety. 

 

 

My reading on the filed complaint is 80% chance Deerfield is going to win.  If they do not win, I have a bad felling that the result is we are going to end up seeing preemption removed by amendment from the FCCA.  The complaint is specifically worded to avoid anything resembling a 2nd amendment case.  They do not want to mess the the Federal courts  I pointed out that it is just a preemption case and the rest of it was hot air, GSL did not like me putting it that way, but I don't think they denied it either. 

And they are not "banning" an entire class of weapons, that would be any semi-auto rifle.  I think that a M1a or a Ranch Rifle are good to go as well as others.  Keep in mind, the ATF has no separate classifications for "assault weapons".  But like I said, they only what to question the preemption.



#87 InterestedBystander

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Posted 20 April 2018 - 03:33 PM

https://circuitclerk...mon/index.xhtml

The GSL filing document is here
https://www.scribd.c...rriet-Rosenthal

The GSL suit is now on the court site

Case number: 18CH00000498
GUNS SAVE LIFE, WOMBACHER VS VILLAGE OF DEERFIELD, HARRIET ROSENTHAL
GUNS SAVE LIFE INC, JOHN WOMBACHER: PLAINTIFF
AMBLER, CHRISTIAN D.: ATTORNEY
Court events not scheduled

ISRA / SAF lawsuit 12 pages
https://www.document...tml#document/p1

Case number: 18CH00000427
ILLINOIS STATE RIFLE ASSOCIATION, SECOND AMENDMENT FOUNDATION, EASTERDAY VS VILLAGE OF DEERFIELD
Court events:
4/26 Hearing on motion
7/5 Status

Edit: WOMBACHER, WILLIAM, III listed in the GSL filing is now correctly shown as a plaintiff in the GSL case.

Edited by InterestedBystander, 23 April 2018 - 03:49 PM.

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#88 JTHunter

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Posted 20 April 2018 - 09:14 PM

 

4/26 hearing on motion

 

Naturally, it is the day after  IGold !! :hmm:


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#89 MadRiverMike

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Posted 21 April 2018 - 01:41 AM

I am glad they are suing at the state level, bigger chance of winning I think. 

 

 

 

 

Naturally, it is the day after  IGold !! :hmm:

 

 

I think most of the GSL staff goes to IGOLD every year.  If the hearing is really the day after, they might be all fired up if we have a good turnout.  I think we could all use some uplifting feelings after all the punches in the gut we've taken recently as 2A supporters 


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#90 InterestedBystander

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Posted 23 April 2018 - 03:51 PM

I am glad they are suing at the state level, bigger chance of winning I think. 
 

Naturally, it is the day after  IGold !! :hmm:

 
I think most of the GSL staff goes to IGOLD every year.  If the hearing is really the day after, they might be all fired up if we have a good turnout.  I think we could all use some uplifting feelings after all the punches in the gut we've taken recently as 2A supporters
It is the ISRA/SAF case on the 26th for motion hearing. GSL has no events showing on the court site.

Edited by InterestedBystander, 23 April 2018 - 03:52 PM.

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