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Deerfield AWB Halted!


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#1 soundguy

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Posted 12 June 2018 - 05:15 PM

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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#2 steveTA1983

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Posted 12 June 2018 - 05:17 PM

BOOOOOOOOOM

https://news.vice.co...-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.”



#3 ChicagoRonin70

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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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Gb1XExdm.jpg
 
 

 
 
 
 


#4 Molly B.

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Posted 12 June 2018 - 05:28 PM

FANTASTIC!!


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#5 AlphaKoncepts aka CGS

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Posted 12 June 2018 - 05:34 PM

Glad to hear it. Some sanity.

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#6 soundguy

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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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#7 AlphaKoncepts aka CGS

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Posted 12 June 2018 - 05:36 PM

BOOOOOOOOOMhttps://news.vice.co...-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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#8 Rangerdeepv

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Posted 12 June 2018 - 05:35 PM

Yahoo!



#9 chislinger

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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

#10 steveTA1983

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Posted 12 June 2018 - 06:04 PM

Tweeted it out. It’s going viral. Chris Loesch even retweeted it

#11 DomG

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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.

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#12 geo.ulrich

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Posted 12 June 2018 - 06:16 PM

Great News!!!!!!


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#13 Bo69

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Posted 12 June 2018 - 06:27 PM

Now CHICAGO

#14 framos242

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Posted 12 June 2018 - 06:27 PM

*applause*

#15 soundguy

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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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#16 steveTA1983

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Posted 12 June 2018 - 06:53 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.

Open it......

#17 Jsanc

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Posted 12 June 2018 - 07:00 PM

Now Aurora

#18 JDW

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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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#19 transplant

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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.

#20 Scipio24

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Posted 12 June 2018 - 07:18 PM

Wonderful News! Saw this come through on an ISRA email.

"Malo periculosam, libertatem quam quietam servitutem"

Translation: "I prefer dangerous freedom over peaceful slavery."

Letter from Thomas Jefferson to James Madison, January 30, 1787


#21 DomG

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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.

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#22 steveTA1983

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Posted 12 June 2018 - 07:31 PM

https://www.prnewswi...-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.



#23 tkroenlein

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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.

#24 DomG

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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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#25 kwc

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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.

Edited by kwc, 12 June 2018 - 08:13 PM.

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#26 DomG

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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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#27 Quiet Observer

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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.


#28 DG53

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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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#29 RECarry

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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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#30 InterestedBystander

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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.”
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