I just heard this on CBS2 News, Chicago
Judge agrees ban is unconstitutional
Grants temp restraining order
Deerfield "may" appeal
I sure hope no one up there disposed of their rifles!
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Deerfield AWB Halted!
Started by
soundguy
, Jun 12 2018 05:15 PM
64 replies to this topic
#1
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Posted 12 June 2018 - 05:15 PM
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The Landlord of the Flies!
Posted 12 June 2018 - 05:21 PM
The scientific term on the street for this type of phenomenon is to be "slepped lahk theh wench dey iz."
Edited by Molly B., 12 June 2018 - 05:28 PM.
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#3
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Posted 12 June 2018 - 05:28 PM
FANTASTIC!!
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Posted 12 June 2018 - 05:34 PM
Glad to hear it. Some sanity.
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#5
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Posted 12 June 2018 - 05:36 PM
The scientific term on the street for this type of phenomenon is to be "slepped lahk theh wench dey iz."
Artistic edit Molly B.
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Posted 12 June 2018 - 05:35 PM
Yahoo!
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Posted 12 June 2018 - 05:38 PM
Great news, if Deerfield succeeds it means state preemption means nothing.
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams
#8
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Posted 12 June 2018 - 06:08 PM
I sure hope no one up there disposed of their rifles!
Anybody who would comply with an unconstitutional law doesn't deserve to own any weapons. Standing up to and fighting unconstitutional laws is the very reason the 2A exists.
Edited by DomG, 12 June 2018 - 06:09 PM.
"Corruptissima re publica plurimae leges." - Tacitus"
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Posted 12 June 2018 - 06:16 PM
Great News!!!!!!
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#12
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Posted 12 June 2018 - 06:41 PM
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.
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Posted 12 June 2018 - 07:09 PM
WTG all of US. Awesome news!!!!!!!!! Congrats, let's keep our Constitutional Rights alive. Long live IC US US US US US US US
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#15
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Posted 12 June 2018 - 07:13 PM
While this is certainly not bad news, it is only a temporary restraining order, not a final judgement.
The judge may be issuing the TRO for the sole purpose of maintaining the status quo (prior to the new ordinance) before hearing and evaluating the case.
We have more to watch before we pop corks.
The judge may be issuing the TRO for the sole purpose of maintaining the status quo (prior to the new ordinance) before hearing and evaluating the case.
We have more to watch before we pop corks.
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Posted 12 June 2018 - 07:18 PM
Wonderful News! Saw this come through on an ISRA email.
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Posted 12 June 2018 - 07:19 PM
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.
"Corruptissima re publica plurimae leges." - Tacitus"
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Posted 12 June 2018 - 07:43 PM
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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Posted 12 June 2018 - 07:49 PM
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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Posted 12 June 2018 - 08:13 PM
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.
IIRC the SAF lawsuit focused on the preemption issue, and NRA on the constitutionality of the ban.
Edited by kwc, 12 June 2018 - 08:13 PM.
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Posted 12 June 2018 - 08:15 PM
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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#22
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Posted 12 June 2018 - 08:26 PM
Don't get too excited. It is only a temporary restraining order. The judge sees the suit as having merit, but there is no ruling on the constitutionality of the ordinance.
There most likely will be appeals by the village.
This is good news, but not a definitive victory.
Edited by Quiet Observer, 12 June 2018 - 10:31 PM.
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Posted 12 June 2018 - 09:14 PM
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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Posted 12 June 2018 - 10:24 PM
Great news! I predict there will be fewer tragic boating accidents on Father's Day.
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Posted 13 June 2018 - 07:26 AM
https://www.deerfiel...ts.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.”
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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#26
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Posted 13 June 2018 - 07:46 AM
https://www.deerfiel...ts.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.”
Cliff notes: We are going to waste more of your taxes on this.
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Posted 13 June 2018 - 07:48 AM
https://www.deerfiel...ts.aspx?AID=226Cliff notes: We are going to waste more of your taxes on this.https://www.deerfiel...ts.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.”
Deerfield Approves Pro Bono Legal Services for Assault Weapons Ban Litigation
Updated May 8
On Monday, May 7, the Deerfield Village Board unanimously approved the pro bono services of both the Brady Center to Prevent Gun Violence (the “Brady Center”) and Mr. Christopher Wilson, managing partner of the Chicago office of Perkins Coie (“Perkins”) to assist in the representation of the Village in the two lawsuits filed in the Lake County Circuit Court challenging the Village’s Assault Weapons Ordinance.
Village Attorney Steven Elrod of Holland & Knight will lead the team and supervise and coordinate the litigation strategy, but the bulk of the regular legal work will be undertaken by Brady Center and Perkins. This is the same legal team that successfully defended the City of Highland Park’s ordinance, on which the Village’s ordinance is modeled.
“I am pleased to announce that the vast majority of the cost of this litigation will be covered pro bono,” Mayor Harriet Rosenthal stated. “We remain confident in our authority to enact this ordinance under existing State law and gladly accept the expert services of the Brady Center and Perkins. These two firms, along with our own Village Attorney, Steve Elrod of Holland & Knight, will provide the Village with the highest quality legal services.”
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#28
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Posted 13 June 2018 - 11:16 AM
Yea their lawyer is ProBono. Their ProBono lawyer causes the our lawyer to work more. More billing hours. If we win the case, Their ProBono lawyers arn't gunna be paying for our attorney fees, the taxpayers of deerfield will be.
Unless they said they were gunna pay any losing court fees also on behalf of Deerfield and i missed that. But i have a feeling that is a no.
"Loyalty to the country always. Loyalty to the government when it deserves it."
"You have enemies? Good. That means you've stood up for something, sometime in your life." (Winston Churchill).
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Posted 13 June 2018 - 11:16 AM
Unless there is a fee shifting statute that applies, each party pays their own fees and costs.Yea their lawyer is ProBono. Their ProBono lawyer causes the our lawyer to work more. More billing hours. If we win the case, Their ProBono lawyers arn't gunna be paying for our attorney fees, the taxpayers of deerfield will be.
Unless they said they were gunna pay any losing court fees also on behalf of Deerfield and i missed that. But i have a feeling that is a no.
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Stung by the result of McDonald v. City of Chicago, 130 S. Ct. 3020 (2010), the City quickly enacted an ordinance that was too clever by half. Recognizing that a complete gun ban would no longer survive Supreme Court review, the City required all gun owners to obtain training that included one hour of live‐range instruction, and then banned all live ranges within City limits. This was not so much a nod to the importance of live‐range training as it was a thumbing of the municipal nose at the Supreme Court.
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Posted 13 June 2018 - 11:17 AM
Cliff notes: We are going to waste more of your taxes on this.
Deerfield has money. Let them spend it. Maybe their residents will slap them for it in the next election. Maybe not. But, let's get case law on the books. Let's have the courts confirm the intent of pre-emption to stop others from trying what Deerfield is doing.
Personally, I'm very happy that common sense and rule of law has prevailed thus far. The ruling says essentially what we've been saying and the plaintiff's lawyer is making effective arguments to the judge.
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