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.