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Judge throws out Illinois village's assault weapons ban
By Karen Berkowitz, Pioneer Press
16 hrs ago
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© Chuck Liddy/Raleigh News & Observer/TNS On display at a gun shop in Wendell, N.C., an AR-15 assault rifle manufactured by Core15 Rifle Systems in Dec. 18, 2012.
CHICAGO - A Lake County Circuit Court judge ruled Friday that the village of Deerfield, Ill., overstepped its authority last year when it enacted a ban on assault weapons five years after the state legislature declared such regulations the exclusive power of the state.
Judge Luis Berrones issued a permanent injunction blocking the village from enforcing its ordinance. In the ruling, Berrones wrote that the plaintiff gun owners have "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.
Deerfield officials said they are reviewing the ruling with their legal team and exploring options including an appeal to the Illinois Appellate Court.
"This unprecedented interpretation of state legislative action and intent make this case ripe for appeal," village officials in a statement.
Citing a spate of recent mass shootings with high death counts, Deerfield trustees voted in April 2018 to ban possession of certain firearms such as the AR-15, AK-47 and Uzi under their home rule authority to protect public health, safety, morals and welfare.
Local gun owners and gun rights groups were quick to file lawsuits claiming the village had missed its opportunity to ban assault weapons in 2013. The Illinois legislature had given municipalities until July 19 of that year to regulate assault weapons before a new Illinois Concealed Carry Act and an amended Firearm Owner's Identification Card Act eliminated their ability to do so.
Deerfield officials said their 2018 ban was an amendment to an ordinance pertaining to assault weapons enacted within the permitted time frame. That ordinance defined assault weapons and required safe storage and transportation within the village
In the ruling, Berrones found Deerfield's measure to be a new ordinance and therefore preempted by state statute.
"We are very gratified with the judge's ruling and we are glad the court recognized the ordinances were unenforceable," said David Sigale, an attorney for one of the plaintiffs.
"It appears that the judge focused less on Deerfield's actions and more on the actions of the Illinois state legislature back in 2013," read the Deerfield response. "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."
The statement went on to say, "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 court's ruling and continue to not enforce our ordinance."
The judge held off ruling on one count of the Guns Save Life lawsuit contending the village's ordinance allowing confiscation of assault weapons represented an unconstitutional seizure of property. A status hearing on that count is set for May 3.
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Judge throws out Illinois village's assault weapons ban
By Karen Berkowitz, Pioneer Press
16 hrs ago
Miami police chief denounces anti-sanctuary bill
Gun rights groups try last-ditch move to stop ban on bump stocks
© Chuck Liddy/Raleigh News & Observer/TNS On display at a gun shop in Wendell, N.C., an AR-15 assault rifle manufactured by Core15 Rifle Systems in Dec. 18, 2012.CHICAGO - A Lake County Circuit Court judge ruled Friday that the village of Deerfield, Ill., overstepped its authority last year when it enacted a ban on assault weapons five years after the state legislature declared such regulations the exclusive power of the state.
Judge Luis Berrones issued a permanent injunction blocking the village from enforcing its ordinance. In the ruling, Berrones wrote that the plaintiff gun owners have "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.
Deerfield officials said they are reviewing the ruling with their legal team and exploring options including an appeal to the Illinois Appellate Court.
"This unprecedented interpretation of state legislative action and intent make this case ripe for appeal," village officials in a statement.
Citing a spate of recent mass shootings with high death counts, Deerfield trustees voted in April 2018 to ban possession of certain firearms such as the AR-15, AK-47 and Uzi under their home rule authority to protect public health, safety, morals and welfare.
Local gun owners and gun rights groups were quick to file lawsuits claiming the village had missed its opportunity to ban assault weapons in 2013. The Illinois legislature had given municipalities until July 19 of that year to regulate assault weapons before a new Illinois Concealed Carry Act and an amended Firearm Owner's Identification Card Act eliminated their ability to do so.
Deerfield officials said their 2018 ban was an amendment to an ordinance pertaining to assault weapons enacted within the permitted time frame. That ordinance defined assault weapons and required safe storage and transportation within the village
In the ruling, Berrones found Deerfield's measure to be a new ordinance and therefore preempted by state statute.
"We are very gratified with the judge's ruling and we are glad the court recognized the ordinances were unenforceable," said David Sigale, an attorney for one of the plaintiffs.
"It appears that the judge focused less on Deerfield's actions and more on the actions of the Illinois state legislature back in 2013," read the Deerfield response. "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."
The statement went on to say, "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 court's ruling and continue to not enforce our ordinance."
The judge held off ruling on one count of the Guns Save Life lawsuit contending the village's ordinance allowing confiscation of assault weapons represented an unconstitutional seizure of property. A status hearing on that count is set for May 3.
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