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Deerfield AWB Lawsuits Filed; Update - Deerfield loses again 6/12/19


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#121 InterestedBystander

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Posted 18 October 2018 - 02:06 PM

FUTURE COURT EVENTS
Event Date Event Time Courtroom Event Type
2019-01-18 09:15:00 C204 STATUS

PREVIOUS COURT EVENTS
Event Date Courtroom Event Type
2018-10-12 C204 HEARING
2018-10-12 C204 CAUSE TAKEN UNDER ADVISEMENT
2018-10-12 C204 SET BRIEFING SCHEDULE
2018-10-12 C204 SET STATUS DATE
2018-10-12 C204 ORDER ENTERED

Filed Date Document Type Document Action
2018-10-12 LETTER FILED
2018-10-12 ORDER UNDER ADVISEMENT FILED
2018-10-12 ORDER FILED

Edited by InterestedBystander, 18 October 2018 - 02:15 PM.

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#122 InterestedBystander

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Posted 02 March 2019 - 03:05 PM

Per an ISRA update:

..."The hearing for the Permanent Restraining Order against Deerfield and their AW ban will be on March 22nd, 2019."...
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#123 NakPPI

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Posted 22 March 2019 - 09:14 AM

Deerfield lost. I have the orders.
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.

#124 Hap

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Posted 22 March 2019 - 09:50 AM

In keeping with the spirit of the times, Deerfield should at least get a trophy for participation.


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#125 DG53

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Posted 22 March 2019 - 10:15 AM

Deerfield lost. I have the orders.

 

Really? YES!!  Please share details.  


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#126 InterestedBystander

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Posted 22 March 2019 - 10:17 AM

https://www.chicagot...0328-story.html

Judge throws out Deerfield's assault weapons ban
A Lake County Circuit Court judge ruled Friday that the village of Deerfield overstepped its authority last year when it enacted a ban on assault weapons five years after the Illinois legislature declared such regulations the exclusive power of the state. Judge Luis Berrones issued a permanent...

...The judge held off ruling on one count of the Guns Save Life lawsuit contending the villages ordinance allowing confiscation of assault weapons represented an unconstitutional seizure of property. A status hearing on that count is set for May 3.


https://www.deerfiel...ts.aspx?AID=308

Village Statement on Assault Weapons Ban Court Ruling
Updated March 22, 2019
The Village of Deerfield issues the following statement regarding the March 22, 2019, court ruling on the assault weapons ban ordinance:

"The Village of Deerfield and our legal team are closely reviewing the ruling entered today and all options available, including the right to appeal the decision to the Illinois Appellate Court. On the positive side, the judge denied the plaintiffs claims of a takings violation and of a wildlife statute violation. With respect to the remainder of the decision, it appears that the judge focused less on Deerfields actions and more on the actions of the Illinois State Legislature back in 2013. The judge took issue with the way in which the State Legislature drafted the State statute, and he read into the statute a complete preemption of home rule authority to regulate assault weapons. This unprecedented interpretation of State legislative action and intent make this case ripe for appeal. We are thankful for the continued pro bono services provided by the Brady Center to Prevent Gun Violence and Mr. Christopher Wilson, partner of the Chicago office of Perkins Coie. We continue to believe that these weapons have no place in our community and that our common-sense assault weapon regulations are legal and were properly enacted. In the meantime, however, we will abide by the courts ruling and continue to not enforce our Ordinance.

Get more information and a list of Frequently Asked Questions here.

Please contact the Village Manager's office at 847.719.7400 with questions or concerns.

Edited by InterestedBystander, 22 March 2019 - 11:36 AM.

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#127 Davey

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Posted 22 March 2019 - 10:27 AM

Teehee hehehehehehe

#128 bmyers

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Posted 22 March 2019 - 10:41 AM

Nice


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#129 Raw Power

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Posted 22 March 2019 - 02:25 PM

Just got the news on this in my inbox. Pleased as punch.



#130 steveTA84

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Posted 22 March 2019 - 02:52 PM

8tBngQU.jpg
HqTWCU4.jpg

Victory

#131 InterestedBystander

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Posted 22 March 2019 - 02:59 PM

HqTWCU4.jpg
Victory

lol. I almost missed it in the second picture as it blended in with the tree.
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#132 DG53

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Posted 22 March 2019 - 05:14 PM

As a Deerfield resident I am so thankful to Daniel E., the ISRA, SAF, Guns Saves Lives and everyone else that led the fight. Think I will be opening my wallet a bit tonight to support those groups.
To truly say 'Never Again' requires having the means to back up that statement.

#133 BigJim

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Posted 22 March 2019 - 05:32 PM

As a Deerfield resident I am so thankful to Daniel E., the ISRA, SAF, Guns Saves Lives and everyone else that led the fight. Think I will be opening my wallet a bit tonight to support those groups.

So when are you going to march into the village hall and demand they return your AR?

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without the help of my soul

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#134 TomKoz

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Posted 22 March 2019 - 05:54 PM

Ha Ha Deerfield !!!
Stay Alert ... Stay Alive !!

#135 357

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Posted 22 March 2019 - 06:44 PM

God bless Judge Berrones for upholding the Constitution and standing up for freedom and people's rights and against this Conspiracy to deprive people of their rights with lies and propaganda.

No such thing as "assault weapons" which was coined by Hitler for propaganda and is being used for propaganda to disarm Americans. Semi-automatic rifles are the most popular and commonly used and are made for civilians and the ATF defines assault weapons as automatic.

Semi-automatic pistols will be banned next as "assault weapons" if the big lie stands. Our side should not call rifles "assault weapons".
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#136 chislinger

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Posted 22 March 2019 - 06:59 PM

God bless Judge Berrones for upholding the Constitution

He didn't. He said they missed their window to ban, otherwise the ban would be OK according to him.
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#137 357

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Posted 22 March 2019 - 09:41 PM

God bless Judge Berrones for upholding the Constitution

He didn't. He said they missed their window to ban, otherwise the ban would be OK according to him.

In a way he did. Did he say it was ok otherwise?
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
James Madison

"The only thing necessary for the triumph of evil is that good men do nothing"
Edmund Burke

"During times of universal deceit, telling the truth becomes a revolutionary act"
George Orwell

"People willing to trade their freedom for temporary security deserve neither and will loose both"
Benjamin Franklin

#138 DG53

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Posted 22 March 2019 - 09:57 PM

As a Deerfield resident I am so thankful to Daniel E., the ISRA, SAF, Guns Saves Lives and everyone else that led the fight. Think I will be opening my wallet a bit tonight to support those groups.

So when are you going to march into the village hall and demand they return your AR?

Sent from my SM-G955U using Tapatalk

Residents did not have to surrender any weapons since there was an injunction before the law could take effect.
To truly say 'Never Again' requires having the means to back up that statement.

#139 chislinger

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Posted 23 March 2019 - 09:30 AM

In a way he did. Did he say it was ok otherwise?

Nothing in his ruling mentioned the 2nd Amendment or implicated the 2nd Amendment.
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#140 kevinmcc

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Posted 02 April 2019 - 12:01 AM

So how big is the check they'll be writing?
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#141 chislinger

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Posted 02 April 2019 - 05:42 AM

So how big is the check they'll be writing?

I doubt they'll be writing any check since this was a matter of Illinois law and not the Constitution. I'm not saying I don't think all AWBs violate the Constitution only that that had no bearing on this ruling.
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#142 cybermgk

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Posted 02 April 2019 - 07:59 AM

https://www.chicagot...0328-story.html

Judge throws out Deerfield's assault weapons ban
A Lake County Circuit Court judge ruled Friday that the village of Deerfield overstepped its authority last year when it enacted a ban on assault weapons five years after the Illinois legislature declared such regulations the exclusive power of the state. Judge Luis Berrones issued a permanent...

...The judge held off ruling on one count of the Guns Save Life lawsuit contending the villages ordinance allowing confiscation of assault weapons represented an unconstitutional seizure of property. A status hearing on that count is set for May 3.


https://www.deerfiel...ts.aspx?AID=308

Village Statement on Assault Weapons Ban Court Ruling
Updated March 22, 2019
The Village of Deerfield issues the following statement regarding the March 22, 2019, court ruling on the assault weapons ban ordinance:

"The Village of Deerfield and our legal team are closely reviewing the ruling entered today and all options available, including the right to appeal the decision to the Illinois Appellate Court. On the positive side, the judge denied the plaintiffs claims of a takings violation and of a wildlife statute violation. With respect to the remainder of the decision, it appears that the judge focused less on Deerfields actions and more on the actions of the Illinois State Legislature back in 2013. The judge took issue with the way in which the State Legislature drafted the State statute, and he read into the statute a complete preemption of home rule authority to regulate assault weapons. This unprecedented interpretation of State legislative action and intent make this case ripe for appeal. We are thankful for the continued pro bono services provided by the Brady Center to Prevent Gun Violence and Mr. Christopher Wilson, partner of the Chicago office of Perkins Coie. We continue to believe that these weapons have no place in our community and that our common-sense assault weapon regulations are legal and were properly enacted. In the meantime, however, we will abide by the courts ruling and continue to not enforce our Ordinance.

Get more information and a list of Frequently Asked Questions here.

Please contact the Village Manager's office at 847.719.7400 with questions or concerns.

"This unprecedented interpretation of State legislative action and intent make this case ripe for appeal."  Unprecedented?   Que?  It was the entire intent of the preemption clause from the beginning.


Edited by cybermgk, 02 April 2019 - 08:07 AM.

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#143 cybermgk

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Posted 02 April 2019 - 08:06 AM

 

God bless Judge Berrones for upholding the Constitution

He didn't. He said they missed their window to ban, otherwise the ban would be OK according to him.

 

I don't think that was his ruling.  He didn;'t rule one way or another on the Constitutionality of the ban.  He didn't have to, as it always clearly violates preemption.  Not ruling one way or another is not saying the ban was OK.


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#144 DG53

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Posted 16 April 2019 - 06:26 PM

Deerfield decides to appeal the ruling. Wasting more of our tax payer $$.

https://patch.com/il...ntent=deerfield
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#145 InterestedBystander

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Posted 16 April 2019 - 06:32 PM

full story at link
https://www.chicagot...0425-story.html
Deerfield to appeal court ruling blocking its assault weapons ban
...Village of Deerfield plans to appeal a judges March 22 ruling permanently blocking the village from enforcing a ban on assault weapons and large-capacity magazines.
In a short statement Tuesday, the village announced that Mayor Harriet Rosenthal and the village board had unanimously agreed April 15 to appeal the ruling of Lake County Circuit Court Judge Luis Berrones to the Illinois Appellate Court.
In that ruling, Berrones contended that Deerfield overstepped its authority in April 2018 when it enacted a ban on assault weapons after the Illinois legislature had declared such regulations to be the exclusive power of the state.
Gun rights groups that filed suit against Deerfield include Guns Save Life, which has the backing of the National Rifle Association Institute for Legislative Action; the Illinois State Rifle Association and the Second Amendment Foundation...

  

Village Statement on Appeal of Assault Weapons Ban Ruling
Updated April 16, 2019
The Village of Deerfield issues the following statement announcing the appeal of the March 22, 2019 court ruling regarding the assault weapons ordinance:
"On April 15, the Mayor and Village Board unanimously agreed to appeal the March 22 ruling prohibiting enforcement of the Village’s assault weapons ordinance to the Illinois Appellate Court.
We appreciate the continued pro bono services that have been provided already, and that will be provided throughout the appellate process by the Brady Center to Prevent Gun Violence and Mr. Christopher Wilson, partner of the Chicago office of Perkins Coie. We continue to believe that these weapons have no place in our community and that our common-sense assault weapon regulations are legal and were properly enacted."
Get more information and a list of Frequently Asked Questions here.
Please contact the Village Manager's office at 847.719.7400 with questions or concerns.


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#146 McCroskey

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Posted 16 April 2019 - 08:23 PM

Eventually, it could be a political point for someone to come along and unseat Mayor Harriet.


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#147 Ranger

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Posted 22 April 2019 - 02:31 PM

So...  Could this be a good thing?



#148 InterestedBystander

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Posted 02 May 2019 - 04:54 PM

Next court date tomorrow

...The judge held off ruling on one count of the Guns Save Life lawsuit contending the villages ordinance allowing confiscation of assault weapons represented an unconstitutional seizure of property. A status hearing on that count is set for May 3...

FUTURE COURT EVENTS
Event Date Event Time Courtroom Event Type
2019-05-03 09:00:00 C204 STATUS


Filed Date Document Type Document Action
2019-04-29 NOTICE OF APPEAL ISSUED
2019-04-26 NOTICE OF FILING E FILED
2019-04-25 NOTICE OF APPEAL E FILED

Edited by InterestedBystander, 02 May 2019 - 05:00 PM.

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#149 InterestedBystander

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Posted 04 May 2019 - 02:26 PM

Dont know what happened, but there is a new date.

FUTURE COURT EVENTS
Event Date Event Time Courtroom Event Type
2019-10-04 09:00:00 C204 STATUS

PREVIOUS COURT EVENTS
Event Date Courtroom Event Type
2019-05-03 C204 STATUS
2019-05-03 C204 CAUSE HEARD VIA COURT CALL
2019-05-03 C204 ORDER ENTERED

DOCUMENTS
Filed Date Document Type Document Action
2019-05-03 ORDER FILED

Edited by InterestedBystander, 04 May 2019 - 02:28 PM.

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#150 Molly B.

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Posted 12 June 2019 - 03:16 PM

Deerfield decides to appeal the ruling. Wasting more of our tax payer $$.

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

 

The Village of Deerfield’s appeal has been dismissed for lack of jurisdiction, which was Mr. Sigale's argument.


Attached File  Easterday Opinion of 061219.pdf   196.05KB   159 downloads


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