mag ban

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Village Of Deerfield (Illinois) To Appeal Overturn Of Its AWB

April 17, 2019 by 1 Comment

The Village of Deerfield, Illinois had passed an ordinance in 2018 that would have banned standard capacity magazines and “assault weapons” (sic) broadly defined. They were sued by the Illinois State Rifle Association and the Second Amendment Foundation in the case of Easterday v. Deerfield. A second case was filed against the village by Guns Save Lives which was supported by the NRA.

The village lost in March when the Lake County Circuit Court issued a permanent injunction against the ordinance. Judge Luis Berrones found that the ordinance was a new law and not an amendment of a prior ordinance. In 2013 when the Illinois General Assembly passed the Concealed Carry Act and an amended FOID Act, they gave home rule municipalities a few days to amend their ordinances which could have included assault weapon bans. After that time, this power was reserved to the state.

Yesterday’s Chicago Tribune is reporting that Deerfield plans to appeal.

The Village of Deerfield plans to appeal a judge’s March 22 ruling permanently blocking the village from enforcing a ban on assault weapons and large-capacity magazines.


In a short statement Tuesday, the village announced that Mayor Harriet Rosenthal and the village board had unanimously agreed April 15 to appeal the ruling of Lake County Circuit Court Judge Luis Berrones to the Illinois Appellate Court.


In that ruling, Berrones contended that Deerfield overstepped its authority in April 2018 when it enacted a ban on assault weapons after the Illinois legislature had declared such regulations to be the exclusive power of the state.

The village’s statement on the appeal notes that they are being represented pro bono.

We appreciate the continued pro bono services that have been provided already, and that will be provided throughout the appellate process by the Brady Center to Prevent Gun Violence and Mr. Christopher Wilson, partner of the Chicago office of Perkins Coie. 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.”

So an unholy alliance of gun prohibitionists and Big Law (Perkins Coie has 1,000+ lawyers) continues to conspire to help the Village of Deerfield trample on the rights of its citizens to protect themselves. This is lawfare at its worst.

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Good News – A Win In Illinois

June 13, 2018 by 2 Comments

Daniel Easterday, the Second Amendment Foundation, and the Illinois State Rifle Association scored a win today in Lake County Circuit Court when they were granted a temporary restraining order against the enforcement of Deerfield’s assault weapon (sic) and magazine ban. The ban which was scheduled to go into effect tomorrow (June 13th) would have levied an up to $1,000 a day fine plus surrender of the firearm for each day the person violated the ordinance.

Congratulations to Glen Ellyn (IL) attorney David Sigale who served as second chair in the monumental McDonald v. Chicago case.

Both SAF and ISRA issued releases on this win.

First, from SAF:

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.

And now from ISRA:

The Illinois State Rifle Association is pleased to announce the issuing of a Temporary Restraining Order preventing Deerfield Illinois from enforcing their anti-gun ordinance. We will now seek a permanent injunction.

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Mag Ban On The Move In Illinois

May 21, 2013 by 2 Comments

Sen. Dan Kotowski (D-Park Ridge) is now pushing SB 1002 which would ban magazines over 10 round capacity. A “special” feature of this bill are large fines and prison time for possession of standard capacity magazines for AR-15s and other modern sporting rifles.

The ISRA Alert on this bill is below. Please notice their warning in the last paragraph. It seems Sen. Kotowski has no problem using the Illinois State Police as his private storm troopers to stifle dissent.

URGENT ALERT – YOUR IMMEDIATE ACTION REQUIRED

MAGAZINE BAN ON THE MOVE IN THE ILLINOIS SENATE


Anti-gun extremist State Senator Dan Kotowski has introduced a ban on all magazines having a capacity exceeding 10 rounds. The bill (SB1002) banning magazines also requires large fines and prison sentences if you are caught with magazines for AR-15 and other modern sporting rifles.


SB1002 IS A BOLD AND BRAZEN ATTACK ON THE 2ND AMENDMENT:


1. SB1002 will have no effect on the criminal use of firearms yet will infringe on the right of law-abiding citizen’s constitutional right to keep and bear arms.


2. SB1002 is a backdoor way to limit your ability to defend yourself and family under the upcoming Illinois concealed carry law.


3. SB1002 is the first step towards the banning of semiautomatic rifles, pistols and shotguns.


BLOOMBERG AND THE GUN GRABBERS WILL PUSH HARD TO GET SB1002 PASSED


Magazine bans are on the top of gun controllers’ wish list this year. They want to see Illinois join with the likes of New York, Maryland, California, and now Colorado in the destruction of the 2nd Amendment.


ONLY YOU HAVE THE POWER TO STOP SB1002. ACT NOW OR LOSE ANOTHER CHUNK OF YOUR GUN RIGHTS!


Here is what you need to do to stop SB1002:


1. Call your State Senator and politely tell the person who answers the phone that you are a law-abiding Illinois firearm owner and that you oppose SB1002 and you expect the Senator to vote against the bill when it comes to the floor. If you do not know who your State Senator is, the Illinois State Board of Elections has an interactive search page here:
www.elections.state.il.us/DistrictLocator/DistrictOfficialSearchByAddress.aspx


If you already know who your State Senator is and just need the contact info, you can find that here: www.ilga.gov/senate/.


2. When you call your Senator’s office, you may hear all kinds of nonsense about how SB1002 will not affect law-abiding gun owners. Politely tell the person that you are not interested in hearing that, you are only interested in seeing SB1002 defeated.


3. Pass this alert on to your friends and family and tell them to make calls as well.


4. Post this alert to any and all Internet blogs or bulletin boards to which you may belong.


5. Help keep ISRA on the frontlines of this fight for your rights, go the extra mile and recruit a new ISRA member. Sign them up over the phone at 815-635-3198, or browse to isra.org/join .


SPECIAL NOTICE: DO NOT call Senator Kotowski unless he is your Senator, and even then be very careful. Kotowski has a track record of having the State Police investigate and harass people that disagree with him.