The Second Amendment Foundation scored a big victory this week by convincing an Illinois judge to swat back a draconian gun ban that would fine those who refused to comply $1,000 per day.
Back in April, the village of Deerfield, Illinois voted to ban the sale, possession, and manufacture of “assault weapons” and “large capacity magazines” to “increase the public’s sense of safety.” Problem is, under a state preemption law enacted in 2013, only the state Legislature can pass laws that regulate firearms.
The 2013 statute reads, “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…”
SAF along with the Illinois State Rifle Association sued the Chicago suburb on behalf of Deerfield resident Danieal Easterday on the grounds that it violated that preemption statute. On Tuesday, Judge Luis Berrones Lake County circuit court judge agreed, granting the injunction thus preventing the village from rolling out its “assault weapons” ban.
“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 in a press release obtained by GunsAmerica. “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.’”
Following the Judge’s ruling, Deerfield issued a statement saying that it will consider an appeal.
“We are reviewing with our legal team the full written opinion that the judge entered. We will, of course, honor the order issued by the court and temporarily not enforce the ordinance,” Deerfield said. “But we are certainly going to review all of the options available to the village, including the right to appeal the decision to the Illinois appellate court.”