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Easterday/GSL v Deerfield "assault' ban


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Opinion

IL Supreme Court said:

In this case, one Justice of this court has recused himself, and the remaining members of the court are divided so that it is not possible to secure the constitutionally required concurrence of four judges for a decision .... Accordingly, the appeal is dismissed. The effect of this dismissal is the same as an affirmance by an equally divided court of the decision under review but is of no precedential value.

...

 

As a reminder ...

 

On 8/26/2021 at 12:28 PM, Euler said:

...

The Lake County Circuit Court overturned Deerfield's AWB.

Deerfield appealed to the IL Appellate Court.

The IL Appellate Court dismissed the appeal.

 

And now:

Deerfield appealed the IL Appellate Court's dismissal to the IL Supreme Court. The Supreme Court has scheduled oral arguments for 22 September 2021.

 

... so Deerfield's AWB remains overturned.

 

Last year Deerfield said that it would continue to "enforce" the ban, even though it had been overturned by the Appellate Court, but that enforcement would be limited to citation issuance, not seizure. I guess that makes it an issue of whether someone who gets a citation decides to pay the citation or to pay a lawyer to fight it, ticket by ticket.

 

Edited by Euler
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So the lake county circuit court can’t enforce their order against Deerfield?

 

wont not paying the fine, cause Deerfield to issue you a warrant for your arrest? And thus make you a fugitive of the law, and therefore under federal law not allowed to be in possession of a firearm, or loose your FOiD or CCL?

 

I wonder if they will issue any citations today now that the court has affirmed?

 

Anyone care to call?

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 Hello Everyone,

  New Member here,

 

       This was posted to Deerfield Residents this morning.

 

jyjt
 

Illinois Supreme Court Allows Deerfield’s Assault Weapon Ban to Stand

On November 18, 2021, the Illinois Supreme Court affirmed the Second District Illinois Appellate Court decision upholding Deerfield’s 2018 ordinance banning assault weapons. The Village’s assault weapons ban has been in effect since December 7, 2020, when the Illinois Appellate Court reversed the ruling of the Lake County Circuit Court. The plaintiffs in this case challenged Deerfield’s authority to adopt the ordinance under State home rule authority. The plaintiffs did not challenge the validity or constitutionality of the Deerfield ordinance under the Second Amendment to the US Constitution.
 
The Supreme Court’s 3-3 tie with one judge recusing himself effectively affirms the Appellate Court, and allows the Appellate Court’s ruling to stand. That ruling accepted the arguments advanced by Deerfield’s legal team concerning home rule authority and statutory interpretation.
 
“We have been confident all along that the Deerfield ordinance would be upheld by the Courts. The Second District Appellate Court decision entered last December provided a strong affirmation of our ordinance. We are pleased that the Second District opinion will stand, and that our ordinance has been validated,” said Village Attorney Steven Elrod.
 
“We are pleased the Supreme Court validated our right to regulate this important public safety measure. I continue to believe that these weapons have no place in our community,” said Mayor Daniel C. Shapiro. “I thank former Mayor Harriet Rosenthal, who listened to residents, especially our high school students, and called for action following the shooting at Marjory Stone Douglas High School.” The Village is also thankful for the pro bono services provided by the Brady Center to Prevent Gun Violence and Mr. Christopher Wilson, partner of the Chicago office of Perkins Coie.
 
The Village will continue to enforce this ordinance in a manner consistent with other local ordinances. It will initially be enforced primarily through education and voluntary compliance. A police officer may issue a citation for a violation of this ordinance in the manner provided by law. Any other enforcement of this ordinance, including search or seizure to affect this ordinance, must comply with the requirements of State and Federal law. The Village does not intend to have members of the Police Department go “door to door” to ensure compliance.

 

 

   I'm confused , So this is not a law, but it is a village ordinance?

So they can ticket you, but not prosecute you, unless you don't pay the fine?

 

   There is also an article in the sunday 11/21 Chicago Tribune.

Edited by worsrider
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On 11/20/2021 at 9:56 AM, worsrider said:

... 

 I'm confused , So this is not a law, but it is a village ordinance?

 

So they can ticket you, but not prosecute you, unless you don't pay the fine?

 

 

Correct, it is local ordinance rather than state law.  My understanding is that enforcement involves an administrative hearing in much the same way they would enforce local building code.

 

Welcome to the forum.

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I’m confused… I’ll admit I have not been following this

Deerfield passed a ban

Lake County Circuit overturned the ban

Deerfield appealed to Appellate 

Appellate dismissed the appeal

Deerfield appealed to Illinois Supreme

Illinois Supreme upheld Appellate dismissal of appeal.

 

Do I have that sequence correct?

If so how/why is Deerfield claiming their ban has been upheld? The only definitive court ruling was to overturn - every subsequent rulings have been to dismiss, then affirm dismissing, appeals of that ruling — so basically there has been no successful appeal overturning the initial definitive ruling. Correct??

So the ban has been overturned or not?

 

 

 

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My understanding is that the Appellate Court overturned the lower court on "assault weapons" as defined in the village ordinance, allowing Deerfield to enforce its ban on those firearms. 

 

At the same time it upheld the injunction against enforcement of the magazine ban  because many pistols include magazines with a capacity greater than 10 rounds, and there are restrictions on Deerfield's ability to regulate handguns.

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On 11/21/2021 at 8:07 AM, mauserme said:

My understanding is that the Appellate Court overturned the lower court on "assault weapons" as defined in the village ordinance, allowing Deerfield to enforce its ban on those firearms. 

 

At the same time it upheld the injunction against enforcement of the magazine ban  because many pistols include magazines with a capacity greater than 10 rounds, and there are restrictions on Deerfield's ability to regulate handguns.


That makes sense, however, look at their definition of Assault Weapons and it can include handguns as well. Such as a semi auto handgun with a threaded barrel and muzzle break/Flash Hider.

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