Deerfield Sued Over Gun Ban By ISRA And SAF

The Village of Deerfield, Illinois passed an ordinance on Monday, April 2nd, that would ban “assault weapons” (sic) and standard capacity magazines. The ordinance contains a $1,000 a day fine for each day the items remain within the limits of the village. According to the ordinance posted on the village’s website, it becomes effective immediately but gives residents 60 days to remove the firearms and magazines.

As reported by CBS News:

The ordinance states, “The possession, manufacture and sale of assault weapons in the Village of Deerfield is not reasonably necessary to protect an individual’s right of self-defense or the preservation or efficiency of a well-regulated militia.”


So, beginning June 13, banned assault weapons in Deerfield will include semiautomatic rifles with a fixed magazine and a capacity to hold more than 10 rounds of ammunition, shotguns with revolving cylinders, and conversion kits from which assault weapons can be assembled. And those are just a few of the firearm varieties banned. The list is long and includes all the following models or duplicates thereof: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR, AR-10, AR-15, Bushmaster XM15, Armalite M15, Olympic Arms PCR, AR70, Calico Liberty, Dragunov SVD Sniper Rifle, Dragunov SVU, Fabrique NationalFN/FAL, FN/LAR, FNC, Hi-Point Carbine, HK-91, Kel-Tec Sub Rifle, SAR-8, Sturm, Ruger Mini-14, and more.

You will note that the Ruger Mini-14 is included in the ban. Many other earlier bans specifically excluded it.

In response, the Illinois State Rifle Association and the Second Amendment Foundation have filed suit against the Village of Deerfield in state court. According to their email alert:

The Illinois State Rifle Association (ISRA) and Second Amendment Foundation (SAF) have filed a lawsuit against the Village of Deerfield this morning, April 5, 2018. This legal action is a challenge to the Defendant’s Ordinance O-18-06, passed on April 2, 2018, which bans assault weapons (used specifically as that term is defined in O-18-06) within the Defendant’s municipal limits.

The suit was filed In the Circuit Court of the Nineteenth Judicial Circuit Lake County, Illinois, Chancery Division.

If you want to donate to the ISRA Legal Assistance Committee, you can donate here. ISRA’s LAC is a 501(c)(3) so it would be tax deductible.

I will have more up on the suit once I can get a copy of the complaint.

UPDATE: Below is the release from the Second Amendment Foundation on the lawsuit, Easterday et al v. Deerfield.

BELLEVUE, Wash., April 5, 2018 /PRNewswire-USNewswire/ — The Second Amendment Foundation today filed a lawsuit against the Chicago suburb of Deerfield, Illinois seeking an injunction against enforcement of the ban on so-called “assault weapons” and “large capacity magazines” adopted by the Village Board of Trustees earlier this week.

Joining SAF in the legal challenge is the Illinois State Rifle Association and a private citizen, Daniel Easterday, who resides in the village and is a gun owner. The lawsuit was filed in the 19th Judicial Circuit Court in Lake County. Plaintiffs are represented by Glen Ellyn attorney David Sigale.

The lawsuit challenges the village ban under a 2013 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…”

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

“The new ordinance also provides for confiscation and destruction of such firearms and their original capacity magazines,” he added. “What is particularly outrageous about this new law is that it levies fines of up to $1,000 a day against anyone who refuses to turn in their gun and magazines or move them out of the village by the time the ordinance takes effect in June. This certainly puts the lie to claims by anti-gunners that ‘nobody is coming to take your guns.'”

Magpul Statement On Announcement Hickenlooper To Sign HB 1224

A spokesman for Gov. John Hickenlooper (D-CO) announced that the governor will sign Colorado’s magazine ban – HB 1224 – on Wednesday. In response, Magpul Industries released this statement and reiterated their plans to leave the state if the bill was signed.


Apparently Gov Hickenlooper has announced that he will sign HB 1224 on Wednesday. We were asked for our reaction, and here is what we said:

We have said all along that based on the legal problems and uncertainties in the bill, as well as general principle, we will have no choice but to leave if the Governor signs this into law. We will start our transition out of the state almost immediately, and we will prioritize moving magazine manufacturing operations first. We expect the first PMAGs to be made outside CO within 30 days of the signing, with the rest to follow in phases. We will likely become a multi-state operation as a result of this move, and not all locations have been selected. We have made some initial contacts and evaluated a list of new potential locations for additional manufacturing and the new company headquarters, and we will begin talks with various state representatives in earnest if the Governor indeed signs this legislation. Although we are agile for a company of our size, it is still a significant footprint, and we will perform this move in a manner that is best for the company and our employees.

It is disappointing to us that money and a social agenda from outside the state have apparently penetrated the American West to control our legislature and Governor, but we feel confident that Colorado residents can still take the state back through recalls, ballot initiatives, and the 2014 election to undo these wrongs against responsible Citizens.

Magpul had their outside legal counsel analyze the bill. They have sent this analysis to Gov. Hickenlooper along with a request that he veto the bill. Unfortunately, it is apparent that Gov. Hickenlooper is more interested in pleasing V-P Joe Biden and NYC Mayor Michael Bloomberg than in keeping jobs in Colorado.

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Local Media In Colorado Pick Up The Magpul Story

As reported earlier, Colorado HB 1224 would ban the manufacture of standard capacity magazines in that state. This, of course, would directly impact Boulder-based Magpul and their 200 workers. On Tuesday, the bill passed out of committee on a party-line 7 to 4 vote and was sent to the full Colorado House for action.

It looks like the local Colorado media has finally picked up on the story. Fox31 News out of Denver interviewed company officials and toured the production line.

One of the things I noticed in the video was that the majority of the workers assembling magazines appeared to be Hispanic. The representatives voting to close down their jobs, by contrast, consist of five whites, one Hispanic, and one African-American. This is just an interesting observation about progressive priorities.

It Ain’t Over Yet In Illinois

It is too soon to let our guard down in Illinois over the range, AWB, and magazine ban bills. While newspaper reports yesterday indicated that the gun prohibitionists were falling short and had given up their efforts, it isn’t over yet as the lame duck session hasn’t ended.

The Illinois State Rifle Association issued this warning on their Facebook page:

Note to all members and supporters. The bills
put forward in the IL Senate are NOT dead. They are still alive until
the new legislature is sworn in on Wednesday… they could vote as they
clean out their desks.
Keep the calls and emails coming. They are having an effect and will be the difference between your guns being banned or not.

Thirdpower at Days of Our Trailers has this warning along with some comments from Illinois legislators:


NYET!! NINE!!! NADA!!! NOPE!!!

These bills are NOT dead. They are just being held off so the Chicago-crats can try and strong arm enough votes before next Wednesday. Got that? NEXT Wednesday is when the bills are dead, not before.

KEEP making those calls and informing fellow gun owners. They WILL attempt to bring them up again as soon as they think they can get them through, the same way they play the midnight sessions game to get their annual pay raises.

Those of you living in Illinois need to keep up the pressure on your state representatives and senators. Be polite but call them every day. Don’t let them think you’ve let your guard down.

UPDATE: While all the action so far has been in the Illinois State Senate, Todd Vandermyde let me know this morning that his sources in the State House tell him that Gov. Pat Quinn and Chicago Mayor Rahm Emanuel will be pushing similar bans in the House. The House reconvenes for its lame duck session at 5pm on Sunday.

The Floor Amendments In Illinois (Updated)

The gun prohibitionists in the Illinois Senate are using existing House Bill 815 and House Bill 1263 as their vehicle to license shooting ranges, ban so-called assault weapons, ban new standard capacity magazines, and require registration and fees for grandfathered magazines. Both bills are the subject of hearings currently on-going by the Illinois Senate Public Health Committee.

HB 815 originally dealt with updating a nuclear safety law while HB 1263 deals with sexual offenders.

HB 815 has two amendments. The first, Senate Floor Amendment No. 001 deals with licensing shooting ranges and “large capacity ammunition feeding devices.” It was introduced by Sen. Dan Kotowski (D-Chicago). The text of the amendment can be found here.

The second amendment to HB 815, Senate Floor Amendment No. 002, requires the registration of grandfathered magazines with the Illinois State Police and the payment of a $5 per magazine fee. It was also introduced by Sen. Dan Kotowski. The full text of this amendment can be found here.

HB 1263 has two amendments and both were submitted by Sen. Antonio Munoz (D-Chicago). Senate Floor Amendment No. 005 contains another range licensing bill and, more importantly, the assault weapons (sic) ban. .50 BMG firearms are also banned. The text of this amendment can be found here.

The second amendment to HB 1263, Senate Floor Amendment No. 006, deals with the existing so-called assault weapons. It requires their registration and the payment of a $10 fee per rifle to the Illinois State Police. .50 firearms will require a $15 per firearm fee along with their registration. The text of this amendment can be found here.

UPDATE: The Senate Public Health Committee who’s chair and vice-chair just so happen to be Chicago Democrats have reported two of the amendments out of committee with a “do adopt” recommendation. They are Senate Floor Amendment No. 001 to HB 815 and Senate Floor Amendment No. 005 to HB 1263.

ISRA issued an alert on the bills this evening.

A pair of nightmare bills is on the move at this moment in the Illinois Senate

These two bills would:

1. Run all gun ranges out of business by imposing heavy fees, imposing special staffing requirements, warrantless searches of ranges and customers, unlimited unannounced “inspections.”

2. Ban all semi-automatic rifles, pistols, and shotguns as well as pump action shotguns.

Here are direct links to the two bills:

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=815&GAID=11&SessionID=84&LegID=56601

and

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=1263&GAID=11&SessionID=84&LegID=57242

EITHER OF THESE TWO BILLS WOULD END YOUR GUN RIGHTS ENTIRELY

HERE IS WHAT YOU NEED TO DO TO PROTECT YOUR GUN RIGHTS.

1. Follow the instructions below and contact your Illinois State Senator. Politely tell your senator that you are a law-abiding gun owner and you want them to vote AGAINST HB815 and HB1263. CALL NOW!

2. Pass this information on to your gun owning friends and family, tell them to call as well.

3. Post this alert to all Internet blogs and bulletin boards to which you belong.

The worst of the two bills, HB815 is being sponsored and pushed by anti-gun Senator Dan Kotowski. Go to his link: http://www.ilga.gov/senate/senator.asp?GA=97&MemberID=1724 Call him at the numbers listed and tell him that you do not appreciate him trying to shut down gun ranges and taking your guns away from you. He needs to hear from you!

UPDATE II: The Illinois State Rifle Association just sent out more information about the votes on the two bills in the Public Health Committee.

SENATE COMMITTEE APPROVES BILLS TO RUN RANGES OUT OF BUSINESS AND BAN 80% OF YOUR GUNS

MESSAGE FROM COMMITTEE DEMOCRATS: “Eliminating law-abiding gun owners is a good ‘first step’ towards a ‘civil society.’”

Votes on HB815 and HB1263 were split along party lines in the Senate Public Health Committee Wednesday night with the committee Democrats voting 6-4 and 6-3 to send the bills to the full senate. If these two bills become law, they will resulting most, if not all ranges in the state going out of business as well as the banning of ALL semiautomatic rifles, pistols and shotguns as well as banning all pump shotguns and rifles.

In comments made during testimony, committee Democrats stated plainly that HB815 and HB1263 were “first steps” and that these bills have as their objective the creation of a “more civil society.” In other words, elimination of lawful gun owners is a required first step for creating a more civil society. Of course, there was no mention of the impact of eliminating criminals.

HERE IS WHAT YOU NEED TO DO ON THURSDAY:

1. Call Senator Dave Syverson at (217) 782-5413 and tell him “THANK YOU” for supporting lawful gun owners by voting “NO” on HB815 and HB1263.

2. Call Senator Shane Cultra at (217) 782-6597 and tell him “THANK YOU” for supporting lawful gun owners by voting “NO” on HB815 and HB1263.

3. Call Senator Christine Johnson at (217) 782-1977 and tell her “THANK YOU” for supporting lawful gun owners by voting “NO” on HB815 and HB1263.

4. Call Senator Carole Pankau at (217) 782-9463 and tell her “THANK YOU” for supporting lawful gun owners by voting “NO” on HB815 and HB1263.

It is very important that you praise these Senators for their support.

The ringleader of the effort to shut down shooting ranges and take your guns away from you is Senator Dan Kotowski. You may wish to call him at (217) 782-3875 and politely explain to him that, as a law-abiding gun owner, you do not appreciate being treated like a criminal and that you oppose any efforts to regulate shooting ranges, ban semiautomatic firearms, or ban standard capacity magazines.