Court Grants Injunction In SAF Challenge Of Deerfield, IL Gun Ban

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Court Grants Injunction In SAF Challenge Of Deerfield, IL Gun Ban

Illinois – A circuit court judge in Lake County, Illinois has granted an injunction against the Chicago suburb of Deerfield, blocking the village from enforcing a ban on so-called “assault weapons,” and handing a victory to the Second Amendment Foundation.

SAF was joined in the lawsuit by the Illinois State Rifle Association and Deerfield resident Daniel Easterday, who is a lawful firearms owner. SAF and ISRA had challenged the ban on the grounds that it violates the state’s preemption law that was adopted in 2013. That change amended state statute that declared “the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with this Act, shall be invalid…”

There was a short grace period during which municipalities in the state could change or adopt their gun laws, and Deerfield maintained that its ban was merely an amendment to an earlier ordinance that regulated firearms.

“We moved swiftly to challenge this gun ban because it flew in the face of state law,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The village tried to disguise its extremism as an amendment to an existing ordinance. The ordinance bans possession of legally-owned semi-auto firearms, with no exception for guns previously owned, or any provision for self-defense.

“Worse, still,” he added, “the ordinance also provided for confiscation and destruction of such firearms and their original capacity magazines. It was outrageous that the ban would levy fines of up to $1,000 a day against anyone who refused to turn in their gun and magazines or move them out of the village. This certainly puts the lie to claims by anti-gunners that ‘nobody is coming to take your guns.’”

Plaintiffs were represented by Glen Ellyn attorney David Sigale.


Second Amendment Foundation

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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Alan

Seems like something of a surprise, this action coming from Illinois courts.

JB

Finally a Judge who can read the statues and apply them as they were written.That $1000 a day fine was meant to enforce compliance by financially breaking anyone who didn’t comply with an illegal ordinance.Now this town will spend millions of the taxpayers money fighting in court to keep it.

Wild Bill

Getting more judges that actually follow the statutes, and acknowledge the Constitution depends upon us. If every patriot would impact their chosen party, and back that up by voting, then we would get back to the constitution. “Mind your own business” is the worst advice that I ever got. We need to stick our noses into every government action from school board and city council to who will be chairman of your chosen party and the presidential election. whitehouse.gov/contact

S. J.

I am so glad that this was blocked, we can not have a town anywhere setting a president such as this. We had something similar in Ohio where every other town had some weird law about what a gun owner could or couldn’t do, to the point as a gun owner you never knew if you were breaking the law or not. Finally the State stepped in and said enough! Passing a bill that said every town in the State must follow State law and eliminate any law that contradicts State law. Quick example; in one place you could carry… Read more »

Ross

Hopefully they pay dearly ,and all future cities/states trying to pull these stunts.

Mr. Walkker

Wait to you see what the Gun Grabbers have planned for Washington State. Full frontal assault on the Second as I type this. They are Gathering over 300,000 signatures for the upcoming November Elections. They plan on completely destroying the 2nd Amendment in Washington State. If it passes, Gun Owners will be left with Bolt Action and Lever Action Rifles only. No more Semi-Auto anything. Including pistols. You will only be able to own a Revolver for a Hand Gun. Insanity is what this is. Law abiding Firearm Owners in Washington State have little to no representation in Olympia. We… Read more »

Alan

Who is to blame other than the electorate, the voters. Nobody/Nothing appears in evidence.