Illinois Appeals Court Greenlights Ban on ARs, Violators to Face $1K Fines Per Day

(Photo: Deerfield Village)

A suburb of Chicago known as Deerfield will now be able to follow through with a confiscatory ban on AR-pattern rifles that fines violators as much as $1,000 per day thanks to a recent appellate court decision.

The sweeping ban that also targets “large-capacity magazines” was initially blocked by Lake County Associate Judge Luis Berrones in March of 2019, who in citing the state’s preemption law ruled that only the Legislature can regulate firearms. 

But last Friday, a 3-judge panel for the 2nd District Appellate Court vacated Judge Berrones’ permanent injunction, suggesting in its 2-1 ruling that Deerfield retained the power to prohibit certain classes of weapons and accessories because it created an exemption just prior to the roll out of the preemption statute in 2013.  

“Deerfield understood that if it failed to regulate such weapons by July 20, 2013, it would forever lose its power to do so,” said Judge Kathryn Zenoff in a 36-page opinion.  

“Although Deerfield was not ready to impose a total ban on assault weapons, it did not want to lose its regulatory authority on this matter,” she continued.  “Deerfield believed that if it timely regulated assault weapons, it could amend those regulations at any time and in any manner it wished.”

In other words, Deerfield leaders claim they left the door open to ban black rifles at a later date.  That later date came in 2018, when they pushed the confiscatory ban that included the hefty fines for those who refused to comply. 

The lead plaintiff in the case, Daniel Easterday, criticized the latest ruling by the appellate court.  

SEE ALSO: Judge Blocks Chicago Suburb from Confiscatory Gun Ban, Fining AR Owners $1,000 Per Day

“I disagree with it, because I believe what Deerfield did was not amending an ordinance, and an end run around the spirit of what the state intended,” Easterday told local media

“The state basically, in 2013, said, ‘Either you’re going to do it or you’re not. Don’t sit on the fence.’ Deerfield sat on the fence, then decided later to get off the fence, and I think that was against the spirit of the preemption language of the Conceal Carry Act and the FOID Act as amended in 2013,” he continued. 

Easterday is being supported by the Illinois State Rifle Association, Second Amendment Foundation (SAF), and Guns Save Lifes, Inc.  

Officials for the village outlined how they will initially enforce the new ordinance.  

“This ordinance will initially be enforced primarily through education and voluntary compliance. A police officer may issue a citation for a violation of this ordinance in the manner provided by law,” the village said.

“Any other enforcement of this ordinance, including search or seizure to effect this ordinance, must comply with the requirements of State and Federal law. Members of the Police Department will not go ‘door to door’ to ensure compliance,” the village added.

GunsAmerica reached out to Alan Gottlieb, the founder of SAF, to see what the next move would be for Mr. Easterday and the other plaintiffs in this case.

“SAF will definitely be filing an appeal to the Illinois Supreme Court. We are confident that this 2-1 ruling will be overturned,” he told GunsAmerica via email. 

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About the author: S.H. Blannelberry is the News Editor of GunsAmerica.

{ 28 comments… add one }
  • Justin December 14, 2020, 9:38 pm

    So the tyrants have a list of who has Guns? Perhaps I missed something.
    I will have to research this.. Perhaps, those that live in the red states need to kick out all the libtards on there asses? Harraass until they leave?? Perhaps we can get together and call it a “Men/Women for Free state ” and meet weekly and start drawing up lists???? It worked for the Democrats….

  • Stan d. Upnow December 14, 2020, 8:36 am

    Beto O’Rourke, Biden’s appointed “Gun Czar”:

    “Anyone caught with what we want to call an ‘assault weapon’ will be fined $1million per day, have everything they own confiscated, and be sentenced to not less than 30yrs. in a federal prison. Oh, and all residing family members will be sentenced to 10yrs. as willing accomplices in a felony. Have a nice day.”

  • survivor50 December 11, 2020, 1:54 pm

    Ummm… I believe the Supreme Court may have an OPINION on this …

    (Plus… I wouldn’t like to be the cops who have to go collect those fines…)

    • Give Me Freedom December 13, 2020, 2:10 am

      I have little to no faith in the Supreme Court. They are part of the District of Columbia swamp creatures.

      Do not expect them to support the 2nd Amendment liberties of the common people.

      • Stan d. Upnow December 14, 2020, 8:28 am

        Allow me to do a little alteration on your last sentence.

        To support the liberties of the common people, we have the 2nd Amendment.

    • Kevin December 14, 2020, 10:20 am

      You mean the same supreme court that will not hear the case about massive voter fraud in the election…..that supreme court……you still have faith in any governmental organization?

  • Dennis Sumner December 11, 2020, 11:26 am

    Listen! Can you hear the founders spinning in their graves?

    • Stan d. Upnow December 14, 2020, 8:30 am

      No, but I Can hear numerous bolts sliding home as a fresh cartridge is chambered.

  • Nicholas December 11, 2020, 9:47 am

    When do you think that the so-called pro-2nd community will wake up?
    The 2nd amendment contains 27 words, not just the last 14.
    The core of the 2nd as the S. Ct. ruled back in 1939, “With obvious purpose to assure the continuation and render possible the effectiveness of such forces (militia), the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.”
    The purpose of recognizing Militia in the original Constitution was “the security of a free State”.
    In order to maintain “a free State”, the people, must have the power and authority “to execute the Laws…”
    Without the recognized authority “to execute the Laws” there is no power.
    The Framers institutionalized “the Militia of the several States” as a constitutional authority, with all the power to protect and defend the Constitution.
    Have we assured the continuation of the constitutional militia as it is defined in statutes?
    Do we even understand that militia is defined in law, and can only operate by those statutes?
    Have we shirked our duty for the comfort of our living rooms?
    Are we deliberately ignorant of the rule of law to facilitate that comfort?
    Are we so egotistical that we will use any specious argument to deny that the core purpose of the 2nd is to maintain liberty by the recognized authority of an ORGANIZED, armed, and disciplined militia?
    Do we even understand that the Constitution prohibits an unorganized militia?
    Do we even understand that the Constitution prohibits congress from doing anything other than organizing, arming, and discipling the militia?
    Do we understand that the nonsense of people claiming to be Militia is just bravado, cheap talk, and a means of violating the Constitution?
    Do we even care that the constitutional Militia is how we protect all our rights?

    • Clint W. December 11, 2020, 10:18 am

      The original document had the ‘keep and bear’ section separate from the militia part, in two separate proposed Amendments. Those were combined into one Amendment, and the two statements separated with a semi-colon (;) When you do that, you are connection two phrases or thoughts that are subject connected, but separate. The Founding Fathers knew alot more about the English Language and punctuation than the average college student today.

    • FAL Phil December 11, 2020, 10:30 am

      “discipling the militia”.

      I like that. 🙂

      The makeup of the militia is codified in Title 10 Section 311 of the US Code. Anyone who meets those (admittedly broad) qualifications could make a case in court that their status supersedes that of mere “civilian”.

      • perlcat December 11, 2020, 11:44 am

        Included for your reading edification:

        (a)  The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32 , under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

        (b)  The classes of the militia are–

        (1)  the organized militia, which consists of the National Guard and the Naval Militia;  and

        (2)  the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

        I feel it should be revised to include the disabled, females and not discriminate against the merely older than 45’s — Title 32, Section 313 defines the age of enlistment, so if you have not “joined” the militia by age 45 (I guess by expressing your Second Amendment right), you cannot “re-enlist”. However, given how laws get demagogued, maybe it is good enough already. I try to re-enlist every now and then by buying myself something shiny.

    • John Boutwell December 11, 2020, 1:23 pm

      The framers , saw firsthand how government can and will turn and control in a tyrannical fashion it’s citizens, that’s why we have a 2 Nd Amendment!

  • Kermit December 11, 2020, 7:53 am

    Wasn’t our right in the constitution to bear arms the way to protect ourselves from cooked government . Then IL , NY CA PA
    Definetly need this

    • FAL Phil December 11, 2020, 10:31 am

      Was that government broiled or roasted? Maybe fried?

  • Kermit December 11, 2020, 7:49 am

    It’s bullshit we have a right , you will not take that away from us . Ban bad behavior not gun owners .

  • Trevor Teague December 11, 2020, 6:56 am

    How about fuck these liberal tyrants. If the people would grow some balls in exercise the 2A as it was intended for, the wouldn’t be any more Constitution hating liberals. What a great time that would be.

    • Freedom Is Not Free December 13, 2020, 2:14 am

      It will continue until the United States breaks apart in my opinion. If we can get most counties that are red to join and form a government that upholds the Constitution, the Bill of Rights and liberty the socialists may get their portion of land in the country and go on their merry way.

  • David Fiedeldey December 11, 2020, 5:55 am

    It’s unconstitutional. Thats all that need be said. Get it to the Supreme Court. Additionally, I recommend all Americans vote with their feet…move to an American state.

    • SD December 11, 2020, 11:34 am

      Your thinking is backwards. The problem is too many liberals have moved to American states. I live in Virginia which used to be a red state. Then it turned purple with the northern Va and DC beltway people invading. Now it’s a totally blue state. Problem is when they screw up their own states, they want to leave and move to a more “American” state. After a while, there’s enough of them that they screw up the state they move to.

      • Dave Emery December 11, 2020, 12:37 pm

        Don’t run to another state! Stand your ground and defend your rights to the last breath.

        • Shanz December 11, 2020, 8:30 pm

          Here here. I love my state of California, I fight every day for liberty and common sense out here. Our county one of only handful that is still somewhat free. Tuolumne County CA represent.

        • Willie-O December 12, 2020, 10:08 am

          Amen !! It’s happening right here in my great state of Tennessee. For now it is solidly conservative, but for how long ? These demented liberals (redundant, I know) are moving here in droves. They are running from their liberal cesspools, yet they bring their liberal ideals, ideas and votes with them. It won’t be long before it shifts the state solidly to the left, turning it blue. Sadly, it’s not a matter of IF, it’s simply a matter of WHEN. Coming soon to wherever you happen to be !!!

  • Dr Motown December 10, 2020, 8:13 pm

    So, all you have to do is pass some vaguely-worded “exemption” every time you see a law coming down the road that you don’t like? BRILLIANT RULING, Illinois….SMH

  • paul December 10, 2020, 1:34 pm

    So let me rattle this around in my head……If they pass a law in the past it is “grandfathered” even though it is illegal now, but if you own something from when it was legal you can now just make it illegal with out a grandfather clause and on a whim wtf???????

    • Rouge1 December 11, 2020, 5:40 am

      Kind of like Trumps bumpstock ban and soon to be pistol braces. Just more blatant infringements on constitutional rights by the deepstate criminals.

      • David M December 11, 2020, 8:01 am

        and free speech will be the next to go if we are not watching.
        The rights granted by the constitution were not designed to be a pay for play….

      • Randy December 15, 2020, 4:09 pm

        It is my understanding that the Bumpstock ban may soon go away.

        I don’t care one way or another. I don’t own one and never will.

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