Deerfield's Assault Weapons Ban Appeal DISMISSED
In April of 2018
Deerfield trustees unanimously approved an ordinance that banned the possession, sale, and manufacture of "assault weapons" and large capacity magazines in the Village of Deerfield. And they did this despite clear state preemption.
(430 ILCS 65/13.1)
(from Ch. 38, par. 83-13.1)
This was made into law when concealed carry passed and became effective July 9th, 2013. It seemed pretty cut & dry that the Village of Deerfield trustees had no ability to enact a new "assault weapons" ban 1,730 DAYS LATE, but they did it anyway. Thanks to The Second Amendment Foundation, and The Illinois State Rifle Association they joined the case of Deerfield resident Daniel Easterday to fight the ban.
In March 2019
Lake County Circuit Court Judge Luis Berrones issued a permanent injunction blocking the village of Deerfield from enforcing its "assault weapon" ban ordinance.
“a clearly ascertainable right to not be subjected to a preempted and unenforceable ordinance”
that prohibits possession of assault weapons, imposes financial penalties for keeping them, and allows their property to be confiscated. Yesterday, the Illinois 2nd District Appellate Court dismissed the Village of Deerfield's appeal.
BELLEVUE, WA – The Second Amendment Foundation has posted yet another victory in Illinois, as the Second District Appellate Court has dismissed an attempt by the Village of Deerfield to challenge a permanent injunction against the community’s ban on so-called “assault weapons” and “large-capacity magazines.”
SAF was joined in the case by the Illinois State Rifle Association—it’s partner in the landmark 2010 U.S. Supreme Court victory in McDonald v. City of Chicago—on behalf of Deerfield resident Daniel Easterday. Deerfield’s appeal was dismissed for lack of jurisdiction, the court ruled.
The plaintiffs were represented by Glen Ellyn attorney David Sigale.
“This effectively shuts down any further effort by the Deerfield administration to encumber law-abiding citizens in the community who own the kinds of legal firearms city officials want to ban,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We were delighted to once again be working with our good friends at the Illinois State Rifle Association. Together with David Sigale, we make a pretty good team.
“But this was always about much more than teamwork,” he continued. “We’re talking about the right of honest citizens to live without fear of suddenly being turned into criminals by an overzealous government that arbitrarily decides to prohibit possession of a perfectly legal firearm, purchased in accordance with applicable state and federal laws, because of political correctness.”
“Many thanks to Alan M Gottlieb, the Second Amendment Foundation, Illinois State Rifle Association, David Sigale, and all of the people that have supported me,” Easterday said in reaction to the court ruling.
The case had been consolidated with a separate challenge to the Deerfield ban.
“Constitutionally-protected rights cannot be subjected to the extremism of social justice crusades,” Gottlieb said. “It should take more than the mere stroke of a pen to criminalize something so much a part of the American fabric as the legal ownership and possession of firearms that are in common use."
"This is just one more chapter in SAF’s effort to win back firearms freedom, one lawsuit at a time,” he concluded.