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Deerfield AWB


skeetbreak
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Saw this in the ISRA Thursday Bulletin - March 25, 2021

 

"The Illinois Supreme Court has granted our Petition of Leave to Appeal the Easterday v. Village of Deerfield. This suit will be heard in combination with the GSL Joseph Wombacher lawsuit. We do not have a date yet. We will keep you informed."

 

Does Anyone know what this means? I thought the case was over with.

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The Illinois Supreme Court are starting to see gun rights advocates aren't afraid to take cases to federal court. Now, gun rights advocates have competent appellate lawyers. So if Illinois Supreme Court wants a say, they have no recourse except to take the case. The U.S. Court of Appeals for the Seventh Circuit (IL, WI, IN) leans conservative. Since few cases go to SCOTUS, IL AG doesn't want the cases decided in the Seventh Circuit.

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NRA-ILA

The Illinois Supreme Court decided to hear an NRA-ILA backed case challenging the city of Deerfield's so-called "assault weapon" ban under the state's preemption statute. This is the second NRA-ILA backed case that the court has decided to hear in recent times.

 

When Illinois adopted its preemption statute, it gave localities a limited timeframe wherein they could pass gun-control ordinances. Deerfield passed its so-called assault-weapon ban outside of that timeframe. It argued that because it already had some gun-control ordinances passed within the timeframe, its new ban was just an amendment of the ordinances that were grandfathered in. The court of appeals sided with them.

...

The cases are called Guns Save Life, Inc. v. Village of Deerfield and Guns Save Life, Inc. v. Ali.

The other case regards the Cook County ammo tax.

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NRA-ILA

The Illinois Supreme Court decided to hear an NRA-ILA backed case challenging the city of Deerfield's so-called "assault weapon" ban under the state's preemption statute. This is the second NRA-ILA backed case that the court has decided to hear in recent times.

 

When Illinois adopted its preemption statute, it gave localities a limited timeframe wherein they could pass gun-control ordinances. Deerfield passed its so-called assault-weapon ban outside of that timeframe. It argued that because it already had some gun-control ordinances passed within the timeframe, its new ban was just an amendment of the ordinances that were grandfathered in. The court of appeals sided with them.

...

The cases are called Guns Save Life, Inc. v. Village of Deerfield and Guns Save Life, Inc. v. Ali.

The other case regards the Cook County ammo tax.

 

Interested to see where both cases go, I don't have much hope for either unfortunately.

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Most cases that are heard in the Supreme Court of either the states or the Supreme Court of the United States are overturned. This is especially true of the states. If the state Supreme Court agrees with the state appeals court, they simply don't accept the case and the ruling of the appeals court stands. The fact that the Illinois Supreme Court took the case is a good sign.

 

With the U.S. Supreme Court, they are usually deciding conflicting Circuit appeals of a similar federal question. One Circuit is going to get overturned while another Circuit gets affirmed. The coastal Circuits are issuing liberal verdicts while the midwest Circuits are issuing conservative verdicts for the same federal question. When that happens, it is up to SCOTUS to decide. Otherwise, there is not a national legal consensus.

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  • 4 months later...

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