The village has responded with 2 updateshttps://www.deerfiel...ts.aspx?AID=216
Village Board Passes Assault Weapons Ban
Updated April 6
At the Village Board meeting on February 20, 2018, Mayor Rosenthal directed that Staff and the Village Attorney present a report concerning the implementation of a ban on assault weapons. The proposed ordinance would ban the possession, sale and manufacture of assault weapons and large capacity magazines in the Village and is based on the City of Highland Park ordinance that withstood a legal challenge.
The ordinance passed at the Village Board meeting on April 2 and will take effect June 13. The ordinance provides for an effective date 60 days after the ordinance goes into effect and does not otherwise regulate or prohibit rifles, shot guns, pistols or ammunition. View the ordinance here.
The Village of Deerfield has received the suit filed April 5 concerning the Ordinance adopted April 2 banning assault weapons and large capacity magazines. The Village believes it has acted within its statutory authority and will be evaluating the suit in order to respond appropriately. No additional statements will be made on this pending litigation at this time. View the Village's statement on the Easterday Assault Weapons Ban Lawsuit here.
Statement on Easterday Assault Weapons Ban Lawsuit
Updated April 6
The sole legal issue in the Easterday lawsuit filed by the Illinois State Rifle Association and Second Amendment Foundation is whether the Village lawfully amended its prior assault weapons ordinance under Illinois law. The lawsuit admits that the Village lawfully enacted its prior assault weapons ordinance during the limited period of time which the State Legislature allowed local governments, like the Village, to regulate the possession or ownership of assault weapons. The lawsuit admits that the State Legislature expressly grants the power to amend such an assault weapons ordinance in the future. The lawsuit admits the lawfulness of the Villages ban on the sale of assault weapons. And the lawsuit effectively concedes the lawfulness of the Villages assault weapons ban under the Second Amendment to the U.S. Constitution.
When the State Legislature allowed home rule units, like the Village, the opportunity to enact an assault weapons ordinance and amend such an ordinance in the future, the State Legislature recognized that different communities should be allowed to democratically address the possession or ownership of assault weapons in accordance with the different needs and interests of each community. In allowing for amendments to assault weapons ordinance, the State Legislature recognized that communities should be allowed to amend their assault weapons ordinances to address their changing needs and interests. Accordingly, the Village amended its prior assault weapons ordinance to address the Villages best interests for the protection of the Village.
The Village is confident that it had the authority to enact the ordinance under existing State law.
Edited by InterestedBystander, 08 April 2018 - 09:49 AM.