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Easterday/GSL v Deerfield "assault' ban


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Any updates? I thought opening arguments were to be a few weeks ago. Been searching and have found nothing...

Per Lake Co court website

 

GSL case

FUTURE COURT EVENTS

Event Date Event Time Courtroom Event Type

2018-10-12 09:00:00 C302 HEARING

 

SAF case

FUTURE COURT EVENTS

Event Date Event Time Courtroom Event Type

2018-09-14 09:00:00 C204 STATUS

Edited by InterestedBystander
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  • 2 months later...

FUTURE COURT EVENTS

Event Date Event Time Courtroom Event Type

2019-01-18 09:15:00 C204 STATUS

 

PREVIOUS COURT EVENTS

Event Date Courtroom Event Type

2018-10-12 C204 HEARING

2018-10-12 C204 CAUSE TAKEN UNDER ADVISEMENT

2018-10-12 C204 SET BRIEFING SCHEDULE

2018-10-12 C204 SET STATUS DATE

2018-10-12 C204 ORDER ENTERED

 

Filed Date Document Type Document Action

2018-10-12 LETTER FILED

2018-10-12 ORDER UNDER ADVISEMENT FILED

2018-10-12 ORDER FILED

Edited by InterestedBystander
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  • 4 months later...
  • 3 weeks later...

https://www.chicagotribune.com/suburbs/deerfield/news/ct-dfr-assault-weapons-ban-ruling-tl-0328-story.html

 

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.deerfield.il.us/CivicAlerts.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
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As a Deerfield resident I am so thankful to Daniel E., the ISRA, SAF, Guns Saves Lives and everyone else that led the fight. Think I will be opening my wallet a bit tonight to support those groups.
So when are you going to march into the village hall and demand they return your AR?

 

Sent from my SM-G955U using Tapatalk

 

 

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God bless Judge Berrones for upholding the Constitution and standing up for freedom and people's rights and against this Conspiracy to deprive people of their rights with lies and propaganda.

 

No such thing as "assault weapons" which was coined by Hitler for propaganda and is being used for propaganda to disarm Americans. Semi-automatic rifles are the most popular and commonly used and are made for civilians and the ATF defines assault weapons as automatic.

 

Semi-automatic pistols will be banned next as "assault weapons" if the big lie stands. Our side should not call rifles "assault weapons".

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As a Deerfield resident I am so thankful to Daniel E., the ISRA, SAF, Guns Saves Lives and everyone else that led the fight. Think I will be opening my wallet a bit tonight to support those groups.

So when are you going to march into the village hall and demand they return your AR?

 

Sent from my SM-G955U using Tapatalk

Residents did not have to surrender any weapons since there was an injunction before the law could take effect.

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  • 2 weeks later...

https://www.chicagotribune.com/suburbs/deerfield/news/ct-dfr-assault-weapons-ban-ruling-tl-0328-story.html

 

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.deerfield.il.us/CivicAlerts.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.

"This unprecedented interpretation of State legislative action and intent make this case ripe for appeal." Unprecedented? Que? It was the entire intent of the preemption clause from the beginning.

Edited by cybermgk
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God bless Judge Berrones for upholding the Constitution

He didn't. He said they missed their window to ban, otherwise the ban would be OK according to him.

 

I don't think that was his ruling. He didn;'t rule one way or another on the Constitutionality of the ban. He didn't have to, as it always clearly violates preemption. Not ruling one way or another is not saying the ban was OK.

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  • 2 weeks later...

full story at link

https://www.chicagotribune.com/suburbs/highland-park/news/ct-dfr-deerfield-appealing-assault-weapons-ruling-tl-0425-story.html

Deerfield to appeal court ruling blocking its assault weapons ban

...Village of Deerfield plans to appeal a judges March 22 ruling permanently blocking the village from enforcing a ban on assault weapons and large-capacity magazines.

In a short statement Tuesday, the village announced that Mayor Harriet Rosenthal and the village board had unanimously agreed April 15 to appeal the ruling of Lake County Circuit Court Judge Luis Berrones to the Illinois Appellate Court.

In that ruling, Berrones contended that Deerfield overstepped its authority in April 2018 when it enacted a ban on assault weapons after the Illinois legislature had declared such regulations to be the exclusive power of the state.

Gun rights groups that filed suit against Deerfield include Guns Save Life, which has the backing of the National Rifle Association Institute for Legislative Action; the Illinois State Rifle Association and the Second Amendment Foundation...

Village Statement on Appeal of Assault Weapons Ban Ruling

Updated April 16, 2019

The Village of Deerfield issues the following statement announcing the appeal of the March 22, 2019 court ruling regarding the assault weapons ordinance:

"On April 15, the Mayor and Village Board unanimously agreed to appeal the March 22 ruling prohibiting enforcement of the Village’s assault weapons ordinance to the Illinois Appellate Court.

We appreciate the continued pro bono services that have been provided already, and that will be provided throughout the appellate process 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."

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.

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  • 2 weeks later...

Next court date tomorrow

 

...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...

 

FUTURE COURT EVENTS

Event Date Event Time Courtroom Event Type

2019-05-03 09:00:00 C204 STATUS

 

 

Filed Date Document Type Document Action

2019-04-29 NOTICE OF APPEAL ISSUED

2019-04-26 NOTICE OF FILING E FILED

2019-04-25 NOTICE OF APPEAL E FILED

Edited by InterestedBystander
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Dont know what happened, but there is a new date.

 

FUTURE COURT EVENTS

Event Date Event Time Courtroom Event Type

2019-10-04 09:00:00 C204 STATUS

 

PREVIOUS COURT EVENTS

Event Date Courtroom Event Type

2019-05-03 C204 STATUS

2019-05-03 C204 CAUSE HEARD VIA COURT CALL

2019-05-03 C204 ORDER ENTERED

 

DOCUMENTS

Filed Date Document Type Document Action

2019-05-03 ORDER FILED

Edited by InterestedBystander
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  • Molly B. changed the title to Easterday/GSL v Deerfield "assault' ban
  • Molly B. pinned this topic

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