Done in Deerfield: Appeals Court Dismisses Challenge to Gun Ban Injunction

RUGER 556
RUGER 556

U.S.A.-(Ammoland.com)-The Appellate Court of Illinois, District Two, has dismissed an attempt by the Village of Deerfield to appeal a permanent injunction against the community’s 2018 ban on so-called “assault weapons,” explaining in its 18-page ruling that it lacked jurisdiction to do so.

Earlier this year, the Second Amendment Foundation and Illinois State Rifle Association were granted a permanent injunction against the ban on behalf of Deerfield resident Daniel Easterday. They were represented by Glen Ellyn attorney David Sigale.

SAF's Alan Gottlieb has reason to smile. He's just notched another court win in Illinois. (Dave Workman photo)

The injunction was originally granted by Nineteenth Judicial Circuit Judge Luis A. Berrones in March.

Deerfield officials had moved to ban semi-auto rifles and “large-capacity magazines” back in April 2018 in the aftermath of the tragic mass shooting at Florida’s Marjory Stoneman Douglas High School in Parkland. The accused shooter in that incident allegedly used a semi-auto rifle to kill 17 students and adults on Valentine’s Day last year.

Under the Deerfield ordinance, “Any person who already possessed such weapons or large-capacity magazines was given a 60-day grace period to either (1) remove, sell, or transfer those items from the limits of the Village, (2) render the items permanently inoperable or otherwise modify them so that they no longer fell within the definitions of prohibited items, or (3) surrender the items to the chief of police,” according to court documents.

When the village council adopted the ban, it contended that the ban was an amendment to an ordinance that was adopted after the state passed its preemption statute in 2013. At the time, the statute had a “window” during which local governments could adopt ordinances designed to “regulate” firearms.

But an outright ban is not “regulating” firearms except in the extreme, the plaintiffs argued, and that was not an amendment to the existing ordinance, but an entirely new measure.
At the time, Gottlieb accused the village council of trying to disguise its anti-gun extremism as an amendment.

Immediately after Deerfield adopted the ban ordinance, SAF and ISRA went to work, filing a challenge on April 5, three days later. They contended that the ordinance violated the state’s preemption authority.

A circuit court judge issued a temporary restraining order last year, and the permanent order came three months ago.

The court had consolidated the SAF/ISRA case with a similar challenge mounted by Guns Save Life and another citizen, William Wombacher III.

The Second District Appeals Court decision, according to SAF founder and Executive Vice President Alan Gottlieb, “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.”

Gottlieb said the case was more than a win for a local gun owner.

“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,” he said.

The veteran gun rights advocate noted that rights enumerated in the Constitution “cannot be subjected to the extremism of social justice crusades.”

After the Appeals Court dismissal was announced, Easterday posted a message on social media.

“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.

SAF has been involved in several Illinois cases since its landmark Supreme Court victory of 2010 in McDonald v. City of Chicago. The foundation also scored victories in Ezell v. City of Chicago, challenging the Windy City’s hastily-drawn gun control ordinance adopted after the McDonald ruling nullified its handgun ban.

Then SAF spearheaded legal efforts to force the Illinois legislature to adopt a concealed carry law, in a case known as Moore v. Madigan.

SAF also won when it challenged a gun ban in public housing imposed by the East St. Louis Housing Authority.

Speaking about the Deerfield victory, Gottlieb observed, “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.”


About Dave WorkmanDave Workman

Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms and formerly an NRA-certified firearms instructor.

  • 22 thoughts on “Done in Deerfield: Appeals Court Dismisses Challenge to Gun Ban Injunction

    1. Give that man a Cugar… Vote out the Marxist Demogogue Democrats in Illionis, From the town of Deerfield, To County Judges to Govenor. Your Vote Counts. Voting for ANY Democrat in Illionis is like Voting for the USSR Adminstrstive State Control and Buracrayicy.

      1. @Bob Koceja

        And shame on any Gun Owner who votes Republican just because of an (R) in front of their name, and winds up putting an anti-2nd Amendment/anti-constitutionalist sympathizer into office just because they happened to be part of an opposing party.

        Use your head when voting, and don’t be a lazy low information voter. Remember, its Republican Marco Rubio who is currently pushing the Red Flag monstrosity in the senate.

      2. Agreed, but we need to convince Trump that suppressors should be legal and to repeal his exe.fiat of Red Flag law.

        He’s passed more gun controlthan obama. It’s hard to imagine Trump doing that after running as a 2nd A supporter

        CB

    2. I’m continually amazed at the number of people that feel the need to know EVERYBODY else’s business. Why? The anti gun crowd always goes after the innocent to punish the guilty! Why? Because WE abide by the law! They know the criminal element doesn’t listen to or abide by the laws! Right…? They do know that…..right?
      With the number of firearms in my home you’d think that my wife and I would be riddled jagged wounds! Bleeding profusely! NOT! My firearms are well trained, attentive and respectful. They are under my control! They will not do ANYTHING by themselves. On their own, THEY are defenseless, inert pieces metal. What’s really scarey is the radical idiots that believe THEY are safer because the criminals will stop being criminals because it’s against the law!
      To you “anti-gun” people: Please identify yourselves if you are ever in an active shooter situation….so I can make certain NOT to waste ammo protecting your useless carcass! That would be ammo abuse!

    3. All ‘gun control laws’ are un-Constitutional.

      Article 6, U.S. Constitution “The Constitution…shall be the supreme law of the land”.
      Therefore, no legislative law, Executive Order or local decree may limit, deny,
      change or modify the Constitution. THAT is called the ‘Supremacy Clause’.
      Article 6 continues “All laws must conform to and be made pursuant to the Constitution”.
      Therefore, any legislative law, Executive Order or local decree not in 100% harmony
      with the U.S. Constitution, is null & void.
      Americans could own any firearm of any type they wanted until the 1934 NFA.
      The U.S. Congress fearing the WW1 veterans they screwed over, enacted the NFA.
      While reviewing the NFA, the SCOTUS noted “…you may not ban machine guns,
      grenades…and any other weapon of the soldier. American citizens must have
      access to these weapons to fulfill their Constitutional obligations”.
      Ignorance of the nature of the government as servant and not master, or just sheer cowardice
      and kneeling to governmental tyranny as ‘gun control laws’, is why we have politicians
      thinking they can ban anything and disarm the American People.
      Look up April 19, 1775. THAT is how Americans treat ‘gun control’.
      It used to be called “Patriot’s Day” until democrats had it removed from publications.
      The American People are the ultimate power & authority in America.
      The People created governments. Governments exist because the American People allow it.
      Kneeling as slaves to gun control laws insure governments as master.

    4. They should vote out those democrat council members. And banned permanently any democrat party members and Commuist P.O.S. demogogues in their ranks. The Subhuman should not hold office at all. They’re are not fit to be there

    5. This is what we get Illinois when 1 county and 1 party has to much power over the rest of the state. At least right now the justices making legal decisions don’t all come from 1 county and 1 party or we would be #ucked.

    6. Legal Commerce turned illegal (retroactive) by local yokels pushing an agenda foreign to our Republic.

      The bump stock ban did exactly the same thing – buy a product legally, a decade later it is banned retroactively deeming your legal purchase and possession illegal, compelling you to either destroy or turn in the product or you are subject to criminal penalties.

      Poobah!

    7. Tyranny takes a hit!

      Article 5 required for changing the Constitution not politically correct Marxist subversion.

      Someone should go after all those inconsistent unconstitutional permit and registration requirements that vary from jurisdiction to jurisdiction that are obviously unenforceable due to criminals don’t obtain them and those non violent offender disarmament laws. Now that the UN disarmament treaty is no longer valid the corrupt court doesn’t have the treaty to consider in it’s rulings. If ever there is a time to start dragging cases into the court it is NOW.

      1. Art Five is NOT any good solution. So we do get some parts of the Constitution changed… what says those with their fists in the money pot will follow the NEW parts?

        Start enforcing the Constituton we already have… which is NOT done at all. Else this gun ban never could have been enacted. Nor could the bump stok ban, NFA, registration, BGC, waiting periods, Mother May I Cards to bribe government officials for PERMISSION to bear the armament of my choice wherever I freely travel and asssociate.
        Since ALL these sorts of laws are directly counter to the written and plain text of the Constitution we have now, but are not upheld, a new one won’t change a thing.

        Those in power need to have their feet held to the fire for refusing to abide by their sworn oaths of office to uphold the one we have.

    8. This is the same type of conformist ignorant mentality the Dick’s Sporting Goods had right before the assault rifle ban during the Obama era. They took AR-15s off their shelves pretending like it would make some big difference and they are so morally on The High Ground. Obviously that went nowhere but I will tell you one thing, I would never give Dick’s Sporting Goods $1 of my money after that.
      To me that would be the same as voting for most of these two-faced politicians after they come back your way for the season.

      1. Yea, like voting for Trump. Never. He has screwed over the 2nd amendment like no other. Obama or Hillary has not did this much damage. Mr. Take the guns first & bumpstock ban. Oh I forgot, Red Flag Laws. This guy has to go. Question is who to replace him. Mr. Ojeda? I’m giving him a hard look.

        1. This is lying nonsense of the most appalling sort.

          Trump has done nothing worse than allowing the ATF to use their previous rules regarding bumpstocks. A completely useless trailer-park toy.

          The damage Clinton did as part of the “Two for the price of One” / “Co-Presidency” is undeniable: 10 years of an “assault weapon” and magazine ban. Passage of Brady I. Full support for Brady II and its 6-round magazine limit, ban on all military weapons, ban on military gear, etc.

          She explicitly stated that the SCOTUS decisions in Heller and McDonald were wrong, and that she would appoint SCOTUS Justices wo would overturn those decisions.

          Obama was just as bad. Executive orders to do everything possible to deny Second Amendment rights. Active lobbying for new bans on militia weapons, magazines, ammunition… The nomination of multiple anti-Second Amendment Supreme Court Justices — two of whom he managed to get seated.

          The very worst that Trump has done is some meaningless gum-flapping about “something needs to be done.”

          And in the meantime he has appointed two pro-Second Amendment Justices.

          Lou, at best you are a fool. More likely you are an active advocate for the destruction of our Second Amendment rights.

        2. Ahhh….”Big Lou” your ignorance precedes you. I sincerely hope you get your eyes checked. Or at least…..open them once in a while! Above all, please! Don’t breed…..

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