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Deerfield AWB Halted!


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Posted · Hidden by Molly B., November 26, 2018 at 04:08 AM - No reason given
Hidden by Molly B., November 26, 2018 at 04:08 AM - No reason given

BOOOOOOOOOM

 

https://news.vice.com/en_us/article/3k44pk/judge-blocks-ban-on-assault-rifles-in-tiny-colorado-town-hours-before-it-was-to-go-into-effect

 

A judge blocked a ban on assault weapons and high capacity magazines in the small town of Deerfield, Illinois, less than 24 hours before it was meant to go into effect.

 

The decision, handed down Tuesday evening in the 19th Judicial Circuit Court in Lake County, Illinois, is a small victory for gun rights groups, who sued the Chicago suburb in April after it became the first municipality to ban assault weapons following the Parkland high school shooting. The Deerfield ordinance was passed unanimously by all six board members on April 2.

 

Gun groups, including the National Rifle Association of Illinois, requested a temporary restraining order against the ban while the lawsuit proceeded.

 

Had the ban gone into effect, anyone found in possession of an assault weapon after Wednesday, July 13, would have faced a fine of up to $1,000 per day.

 

“I’m pretty excited,” said John Boch, executive director of Illinois-based gun advocacy and lobbying group Gun Save Life. “I was bracing myself for being disappointed but it seems the judge looked at our arguments and realized we did indeed have a fair chance at success at this.”

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Glad to hear it. Some sanity.
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Posted · Hidden by Molly B., November 26, 2018 at 04:08 AM - No reason given
Hidden by Molly B., November 26, 2018 at 04:08 AM - No reason given

BOOOOOOOOOMhttps://news.vice.com/en_us/article/3k44pk/judge-blocks-ban-on-assault-rifles-in-tiny-colorado-town-hours-before-it-was-to-go-into-effect

A judge blocked a ban on assault weapons and high capacity magazines in the small town of Deerfield, Illinois, less than 24 hours before it was meant to go into effect.

The decision, handed down Tuesday evening in the 19th Judicial Circuit Court in Lake County, Illinois, is a small victory for gun rights groups, who sued the Chicago suburb in April after it became the first municipality to ban assault weapons following the Parkland high school shooting. The Deerfield ordinance was passed unanimously by all six board members on April 2.

Gun groups, including the National Rifle Association of Illinois, requested a temporary restraining order against the ban while the lawsuit proceeded.

Had the ban gone into effect, anyone found in possession of an assault weapon after Wednesday, July 13, would have faced a fine of up to $1,000 per day.

“I’m pretty excited,” said John Boch, executive director of Illinois-based gun advocacy and lobbying group Gun Save Life. “I was bracing myself for being disappointed but it seems the judge looked at our arguments and realized we did indeed have a fair chance at success at this.”

hahaha read the URL. Someone goofed.
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Posted · Hidden by Molly B., December 12, 2018 at 04:36 PM - No reason given
Hidden by Molly B., December 12, 2018 at 04:36 PM - No reason given

 

Now CHICAGO

It would be interesting if even though allowed by Illinois law, pre-existing local AWBs (Chicago, Highland Park) we’re found to be unconstitutional. Seems like an awfully big can of worms to open up.

Open it......

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Now CHICAGO

It would be interesting if even though allowed by Illinois law, pre-existing local AWBs (Chicago, Highland Park) we’re found to be unconstitutional. Seems like an awfully big can of worms to open up.

Maybe I'm reading it wrong, but everything I have read leads me to understand the TRO was given because the law is in violation of the IL pre-emption law, not because it is unconstitutional.

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Posted · Hidden by Molly B., November 26, 2018 at 04:08 AM - No reason given
Hidden by Molly B., November 26, 2018 at 04:08 AM - No reason given

https://www.prnewswire.com/news-releases/court-grants-injunction-in-saf-challenge-of-deerfield-il-gun-ban-300665336.html

 

BELLEVUE, Wash., June 12, 2018 /PRNewswire-USNewswire/ -- 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.

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Now CHICAGO

 

It would be interesting if even though allowed by Illinois law, pre-existing local AWBs (Chicago, Highland Park) we’re found to be unconstitutional. Seems like an awfully big can of worms to open up.

 

Maybe I'm reading it wrong, but everything I have read leads me to understand the TRO was given because the law is in violation of the IL pre-emption law, not because it is unconstitutional.

It's been since the complaint was first filed that I read it, but I believe the claim was that the ban wasn't a modification of the existing ordinance, but an entirely new ordinance.

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Now CHICAGO

It would be interesting if even though allowed by Illinois law, pre-existing local AWBs (Chicago, Highland Park) we’re found to be unconstitutional. Seems like an awfully big can of worms to open up.

Maybe I'm reading it wrong, but everything I have read leads me to understand the TRO was given because the law is in violation of the IL pre-emption law, not because it is unconstitutional.

It's been since the complaint was first filed that I read it, but I believe the claim was that the ban wasn't a modification of the existing ordinance, but an entirely new ordinance.

Correct. The TRO has nothing to do with the constitutionality of the law. Only that it violates the IL pre-emption law. The TRO, or even an overturning of the Deerfield law does nothing to get Chicago, Aurora or Highland Park AWB overturned. Sure, any lawsuit always can open a door, but this TRO is specific to violating IL pre-emption.

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Was the TRO in response to plaintiffs in both lawsuits, 1. SAF+ISRA, and 2. NRA+GSL?

IIRC the SAF lawsuit focused on the preemption issue, and NRA on the constitutionality of the ban.

The articles I've read mention SAF. BUT as we've seen often and even earlier this week, factual reporting is sloppy. I HOPE it's about the constitutionality of the law, but I haven't read anything yet that says that.

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Does anyone actually have the judges ruling? I would be very interested in reading it. As a resident of this crappy village it makes me smile to know that the mayor and board members are have a very bad night tonight. Thank you to SAF, ISRA, Guns Saves Lives and every other organization that has gone to bat on my behalf.
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https://www.deerfield.il.us/CivicAlerts.aspx?AID=233

 

Village Statement on Assault Weapons Ban Temporary Restraining Order

 

The Village of Deerfield issues the following comment following the June 12, 2018, granting of the Temporary Restraining Order:

 

“We are reviewing with our legal team the full written opinion that the Judge entered. We will, of course, honor the order issued by the Court and temporarily not enforce the ordinance; but we are certainly going to review all of the options available to the Village, including the right to appeal the decision to the Illinois Appellate Court.”

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