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Deerfield AWB Halted!


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#31 Hatchet

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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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#32 InterestedBystander

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Posted 13 June 2018 - 07:48 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.
https://www.deerfiel...ts.aspx?AID=226

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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#33 Hatchet

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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.


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#34 NakPPI

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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.

Unless there is a fee shifting statute that applies, each party pays their own fees and costs.

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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.

#35 soylentgreen

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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.



#36 Hatchet

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Posted 13 June 2018 - 12:48 PM

 

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.

Unless there is a fee shifting statute that applies, each party pays their own fees and costs.

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I figured they would go after costs and damages for having to file a suit for an illegal law.


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#37 tricolor

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Posted 13 June 2018 - 12:54 PM

 

 

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.

 

 

This is bigger than just Deerfield.  It will be interesting to see if there is an appeal.  It is risky to appeal, if there is a decision that is adverse to the city (ie in our favor) then you have made bad precedent.  It might be simpler for the antis to leave it be (not appeal) and try again somewhere else to restart the process. 



#38 madcow1007

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Posted 13 June 2018 - 01:58 PM

 

 

 

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.

 

 

This is bigger than just Deerfield.  It will be interesting to see if there is an appeal.  It is risky to appeal, if there is a decision that is adverse to the city (ie in our favor) then you have made bad precedent.  It might be simpler for the antis to leave it be (not appeal) and try again somewhere else to restart the process. 

 

 

Seems like there are some people confused on how this works, so I wanted to try to clear some things up.

I haven't read any of the actual court documents in the deerfield case, however, I have some legal background combined with the news stories I've read on deerfield.  Here's what I can surmise is going on:

 

The IL FCCL law basically contains a provision that municipal level "assault weapons bans" can't be passed after the IL FCCL law was passed, but those that were already on the books are still valid.  Furthermore, valid assault weapons bans can later be amended and remain valid.  From what I've read, Deerfield previously had an ordinance on the books related to the storage of "assault weapons" when the IL FCCL law was passed.  They recently tried to amend it to a full out assault weapons ban.

 

Obviously, you can see where the legal challenge would come in.  So, the lawsuit is likely alleging that the Deerfield ordinance is a violation of state law and it is not a constitutional challenge.  This is why the results of this lawsuit will likely not have any effect on the validity of the Cook County or Highland Park AWBs.  The other potential state level argument that I see would be that IL clearly preempted handgun restrictions and the Deerfield ordinance tries to regulate both "assault weapon" handguns and attempts to create magazine size limits.

 

There was a temporary restraining order (TRO) issued in the Deerfield case.  The reason for the TRO is because the municipal ordinance was supposed to go into effect and there is still no resolution to the case, so the plaintiff asked the Judge to grant a TRO so that the ordinance would not go into effect until the final resolution of the case.  The final resolution to the case may be that the Deerfield ordinance is invalid, but it may also be that it is valid.

 

Here's what you need to know about TROs:

They are meant simply to retain the status quo while a court case is argued and until it comes to a final resolution.

 

There are some factors that a court is supposed to weigh when considering granting a TRO, such as:

1. Whether the plaintiff is likely to succeed on the merits of the action

2. Whether the plaintiff will suffer irreparable harm if the order is not granted

3. Whether the harm that the plaintiff will experience without the order is greater than the harm the defendant will experience with the order

4. Whether the injunction serves the public interest

 

So, while a TRO does serve as some indication as to what the Judge may be thinking about the merits of the case, in a case like this one it's clear that the harm to the plaintiff would be great without the TRO and the harm to the defendant would be non-existent with the TRO.

 

Potential appeal of the TRO:

If the Village decides to appeal the TRO, as they indicated that they are considering, essentially what they are saying is that they want to be able to enforce the ordinance while the court case plays out.  This should be a good indication of just how rabidly anti-gun these people are.  Most people would probably say, "let's just continue the case and get a final resolution on the merits without pissing off the judge by appealing a reasonable order".  Flat out, an appeal of this TRO won't be successful.  They're saying that they're considering it because they're ignorant or they want the sound byte to reach their voters.


Edited by madcow1007, 13 June 2018 - 02:05 PM.


#39 NakPPI

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Posted 13 June 2018 - 02:04 PM

They're not going to appeal the TRO, they need to win on the merits or not win at all. Appealing a final order finding that the ordinance was invalid would be incredibly dangerous for Deerfield. It is going to come down to whether their hearts are into it or not. Were they satisfied with their current virtue signaling? Or do they want to try for all the marbles? Or do they want to use this defeat to push relishing repealing redemption? Watch their press releases in the days to come. Sent from my XT1650 using Tapatalk
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.

#40 NakPPI

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Posted 13 June 2018 - 02:59 PM

Order below. The Village is really screwed. I didn't realize how far the order went. This is a big win. https://www.scribd.c...ult-Weapons-Ban Sent from my XT1650 using Tapatalk
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.

#41 Draal

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Posted 13 June 2018 - 04:06 PM

Thanks Nak



#42 transplant

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Posted 13 June 2018 - 04:29 PM

Anyone got a link to he order that's not Scribd? Scribd sucks

#43 transplant

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Posted 13 June 2018 - 04:33 PM

Deleted

Edited by transplant, 13 June 2018 - 04:35 PM.


#44 soundguy

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Posted 13 June 2018 - 04:59 PM

Anyone got a link to he order that's not Scribd? Scribd sucks


Cliff Notes:

2018 Ordinance is preempted
2018 Ordinance is a new ordinance and preempted
2018 Ordinance does not ban hi cap mags

... some other stuff...

1. A temporary restraining order is issued enjoining defendant Village of Deerfield... from enforcing any provision of the 2018 Ordinance relating to the ownership, possession, storage or transportation of assault weapons or large capacity magazines in the Village of Deerfield.
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#45 quackersmacker

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Posted 13 June 2018 - 06:19 PM

I learned way back in the 70's in law school that pro bono is a nice-appearing setup for a less controversial bone to be thrown to the same firm later for other work.  Think expensive work on the second round.   News flash:  these guys never work for free!  There's always a payday.


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#46 InterestedBystander

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Posted 13 June 2018 - 06:31 PM

Anyone got a link to he order that's not Scribd? Scribd sucks

There is a download button on the page but not sure of format/readability post DL.

Edited by InterestedBystander, 13 June 2018 - 06:31 PM.

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#47 Hap

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Posted 13 June 2018 - 06:38 PM

I learned way back in the 70's in law school that pro bono is a nice-appearing setup for a less controversial bone to be thrown to the same firm later for other work.  Think expensive work on the second round.   News flash:  these guys never work for free!  There's always a payday.

The main advantage to Deerfield of calling this "pro bono" is that it will be very difficult for Deerfield taxpayers to determine how much they are paying for this extravaganza. Hence, difficult to hold the elected officials accountable.


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#48 quackersmacker

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Posted 13 June 2018 - 06:48 PM

 

I learned way back in the 70's in law school that pro bono is a nice-appearing setup for a less controversial bone to be thrown to the same firm later for other work.  Think expensive work on the second round.   News flash:  these guys never work for free!  There's always a payday.

The main advantage to Deerfield of calling this "pro bono" is that it will be very difficult for Deerfield taxpayers to determine how much they are paying for this extravaganza. Hence, difficult to hold the elected officials accountable.

 

Excellent point!  Because they WILL pay for it.  It ALWAYS gets paid for.  Shakespeare was so right..........


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#49 Hap

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Posted 13 June 2018 - 06:54 PM

For convenience, here's the order granting the TRO.

 

Attached File  Berrones order granting TRO 6-12-2018.pdf   1.08MB   113 downloads

 


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#50 BobPistol

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Posted 13 June 2018 - 06:59 PM

I learned way back in the 70's in law school that pro bono is a nice-appearing setup for a less controversial bone to be thrown to the same firm later for other work.  Think expensive work on the second round.   News flash:  these guys never work for free!  There's always a payday.

 

This is the case for regular law firms doing "pro bono" work.      This is not the case here. 

This case is being defended not by a regular law firm but a LWW advocacy group (similar to ACLU)


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#51 quackersmacker

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Posted 13 June 2018 - 07:05 PM

 

I learned way back in the 70's in law school that pro bono is a nice-appearing setup for a less controversial bone to be thrown to the same firm later for other work.  Think expensive work on the second round.   News flash:  these guys never work for free!  There's always a payday.

 

This is the case for regular law firms doing "pro bono" work.      This is not the case here. 

This case is being defended not by a regular law firm but a LWW advocacy group (similar to ACLU)

 

There's still a LOT of money sloshing around.  It is not free.  heck, this could conceivably even be our national tax dollars being abused.


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#52 Hap

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Posted 13 June 2018 - 07:08 PM

Perkins Coie, Deerfield's attorneys in this matter, get all kinds of money from all sorts of interesting places. For example, the $$ paid to Fusion GPS for their infamous dossier were routed through this firm.


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#53 quackersmacker

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Posted 13 June 2018 - 07:11 PM

Perkins Coie, Deerfield's attorneys in this matter, get all kinds of money from all sorts of interesting places. For example, the $$ paid to Fusion GPS for their infamous dossier were routed through this firm.

Yikes!  Very interesting..........................


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#54 fxdpntc

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Posted 13 June 2018 - 08:10 PM

Knew Id heard that name before.

The firm was founded in 1912 and has represented the Boeing Company since the founding of the aerospace company in 1916. Other clients include or have included Microsoft, Amazon.com, Starbucks, Costco, Craigslist, Google, Facebook, Intel, Twitter, AT&T, Zillow, REI, Intellectual Ventures, UPS, Barack Obama, Expedia, Safeco, T-Mobile, Dale Chihuly, Quora and Nintendo.

Perkins Coie is counsel of record for the Democratic National Committee, Democratic Leadership Council, the Democratic Senatorial Campaign Committee, and the Democratic Congressional Campaign Committee. Other political clients include nearly all Democratic members of the United States Congress. It has also represented several presidential campaigns, including those of John Kerry,[2] Barack Obama,[3] and Hillary Clinton.[2] The group's Political Law practice was for many years headed by Robert Bauer and is now chaired by Marc Elias.[4]

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#55 ChicagoRonin70

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Posted 13 June 2018 - 11:26 PM

"Thus, Deerfield lost its authority to regulate possession or ownership of assault weapons and large capacity magazines once the State passed §13.1 of FOIDCA."

 

That is judicial example of making someone duckwalk naked down a deserted road while someone tags along behind them kicking them up the butt-crack with a pair of steel-toed wing-tipped shoes.


"A well educated Media, being necessary for the preservation of a free State, the right of the people to keep and read books, shall not be infringed."

 

"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."

 

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Gb1XExdm.jpg
 
 

 
 
 
 


#56 Gamma

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Posted 14 June 2018 - 12:36 AM

Yea their lawyer is ProBono.



I'd give yuuuge odds that the far left apparatcik law firm representing the city is being WELL paid... by some combination of Bloomberg and/or Soros funded front groups or other law firms.

Edited by Gamma, 14 June 2018 - 12:36 AM.

Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#57 cybermgk

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Posted 14 June 2018 - 09:30 AM

For convenience, here's the order granting the TRO.

 

attachicon.gifBerrones order granting TRO 6-12-2018.pdf

 

The Court's Findings is some very pleasant reading and, hopefully bodes well for the suit.


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#58 Sigma

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Posted 16 June 2018 - 06:41 PM

If you arent a SAF member, change your Amazon Smile account to SAF so they can receive a percentage of every thing you buy on amazon


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#59 NakPPI

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Posted 19 June 2018 - 03:21 PM

For those keeping score, Deerfield amended the ordinance last night to specifically include magazines. They made sure to thank their attorney and Brady campaign for pointing out the error... Sent from my XT1650 using Tapatalk
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.

#60 ChicagoRonin70

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Posted 19 June 2018 - 06:45 PM

If you arent a SAF member, change your Amazon Smile account to SAF so they can receive a percentage of every thing you buy on amazon

 

Wait, what? You can do that with gun rights organizations?


"A well educated Media, being necessary for the preservation of a free State, the right of the people to keep and read books, shall not be infringed."

 

"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."

 

“One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest.” —Me
 
“Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck.” —Samurai proverb
 
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” —Robert Heinlein
 
“I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist.” —Me
 
"It ain't braggin' if you done it." —Will Rogers

 

Gb1XExdm.jpg
 
 

 
 
 
 





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