BREAKING: Judge Issues Restraining Order Blocking Deerfield, IL Assault Weapons Ban

Deerfield Illinois Assault Weapons Ban Restraining Order Second Amendment High-Capacity Magazines

The Village of Deerfield, Illinoisassault weapons ban was passed by the Deerfield village board after the Parkland mass shooting. The law requiring gun owners to turn in or remove their scary black rifles from the village was set to take effect tomorrow.

But John Boch reports that after hearing arguments in a suit brought by Guns Save Life and the National Rifle Association today, a Lake County circuit court judge has issued a temporary restraining order blocking enforcement of the Chicago suburb’s ban until the suit can be decided.

The Deerfield assault weapons ban, outlawing AR pattern rifles and large capacity magazines, is in direct conflict with Illinois’ preemption law that prohibits cities from enacting gun control measures that are more restrictive than state law. Deerfield flipped a metaphorical middle finger at that legal restriction, daring someone to challenge them. So far, Guns Save Life and the NRA have been up to the task.

So Deerfield residents are off the hook, at least for now. More when the judge’s opinion becomes available.

 

comments

  1. avatar Mark N. says:

    A temporary injunction makes perfect since, given the consequence of allowing a potentially invalid ordinance to go into effect. We will have to see how this plays out. The city is apparently arguing that the pre-emption law does not apply because it excepted laws enacted prior to the effective date of pre-emption. Now Deerfield did not actually have a law that banned ARs, but it had another law enacted prior to pre-emption that it amended, and by that maneuver, it contends the law was “enacted” prior to the pre-emption ban and is therefore valid. Cute. But will it play on Broadway?

    1. avatar J says:

      By that logic any law could be amended to get around the preemption, even one that originally had nothing to do with guns.

      1. avatar Nigel the Expat says:

        ^That. Right there.

        See also Maura Healey ‘reinterpreting’ the definition of assault weapons. Same type of ‘we’ll just make shit up if we don’t get our way’.

        1. avatar John Domings says:

          Ms. Healey is in for a rude awakening in my state of Ma. Hope she’s enjoying her position because come next election she’s GONE! She wasn’t elected to force her political views on us. We the people put her there and we the people will take her out.

        2. avatar Elizabeth says:

          The “we’ll just make shit up if we don’t get our way” part is unfortunately the attitude of the North Shore. I’m honestly shocked that our community rose to the realization of state-over-municipality so quickly. 2nd ammendment aside, it is time for the rich liberals to stop thinking they own they place by trying to scare herds of uneducated sheep.

  2. avatar Jay in Florida says:

    Another win for Preemption.
    The gall of a mere bunch of city officials.

    1. avatar viper says:

      same crap is going on in Boulderdash CO.
      These city”officials” need to stick to cleaning up the streets and figuring out where the next stop sign is going to go……jeeeez, what a bunch of assholes…

    2. avatar Jonathan-Houston says:

      A larger win for preemption would be if the municipality had to pay court costs and both compensatory and punitive damages to the plaintiffs. Moreover, since this is a clear case of denial of civil rights under color of law, the individual council members should face criminal charges.

      Normally I don’t support penalizing elected representatives for their stupidity–the people get the government they deserve and all–but in this case the town has obviously flouted the law. They have further insulated themselves from their assault on liberty by layering in several levels of expensive court review.

      This is gross abuse of power and abuse of process. The monstrousness of their action should pierce any immunity protection they enjoy. The politicians and the citizens who elected them should pay the tab here.

  3. avatar Andrew Lias says:

    We won the battle lets see where the war goes.

    1. avatar Larry says:

      We haven’t won any battles here lately, it is a nice surprise.

      1. avatar Joe R. says:

        The judges are lucky it’s not a battle.

  4. avatar Ironhead says:

    10 more days til i get out of il…. 10 more days…

    1. avatar Bloving says:

      I just sold a gun to an Illinois refugee the other evening – he wanted to know if his FOID card was valid in Texas… the brief look on his face was priceless when I truthfully answered “no”… then accepted his shiny new Texas Driver License.
      🤠

      1. avatar Jon in CO says:

        I love telling people how wrong they are about laws that don’t exist, and the look of relief when they realize everything they’ve ever heard or been told is bullshit. Guns, knives, carry. Giving people the proper information I gives me a bit of a sense of purpose, and I feel good about it.

      2. avatar JpRATX says:

        And what was his reaction when you told him he didn’t need to register it either?

        1. avatar Binder says:

          You don’t register guns in Illinois, you use to in Chicago, but there use to be no carry in Texas at one time also. You still need a permission slip in both states for carry

      3. avatar LarryArnold says:

        I get those calls and emails as well. “How can I legally bring my guns into Texas?”

        “Put them in your car and drive over the border.”

    2. avatar Weapon Of War says:

      I left Shitcago in 96. I remember the moving trip like it was yesterday. Never looked back, and never darkened it’s ugly doors since. I do miss Munchies Pizza on Devon and Arlington Heights road though. Mmmmmmm….. Good.

      1. avatar @Joe4Gov says:

        As you left in 1996 I left & silly decision to go back was costly! If I had never looked back & never went back I would have had less struggle. Doing well now with only slight obstacles in the road to success.

        Devon in Elk Grove Had Jakes Pizza & was totally delicious! A lot of good, great people yet terrible horrible political leadership. I think Mayor Daily used to do a good job for a huge city like that, I’d say he ran it rather well & I do not favor many Democrats since I cannot find many doing great things!

        Deerfield Police have a rep of over the top BEHAVIOR, they towed my 1991 GMC snow plow truck & refused to give it back, slush fund, like the other comments on here…. JUST SAYING! HIGHLAND PARK right next to Deerfield should not have any variation in the state law either.

        Charlie Kirk’s recent Tweet – MARXISM EXPOSED!

        You don’t want us to have guns yet you have armed security

        You want there to be school choice yet you send your kid to private school

        Leftists want to tell you how to live, LOL, then do something else entirely themselves!

        NOTE, I do not know who Charlie Kirk is, I just seen the Tweet today & thought it was really relevant to Gun rights!

    3. avatar @JOE4GOV says:

      I left IL because that Bankrupt state financially (Politically & morally as well as far as Government officials are concerned) is planning on taking anything it could from its citizens.

      They steal businesses too, not just your GUNS, i.e. the important reason to keep your GUNS. Proof of claim, IPA of Buffalo Grove the scam business consulting co from John B that went defunct & re-opened as ABS American Business Strategies & GPS Global Profit Solutions, now run from John’s son Tyler. Complete & total SCAMS! They never do the work!

      A.G. LISA MADIGAN USED TO COVER UP THE BBB complaints in 1st version of the scam!

      They are hoping to be bailed out financially from GEO & the other private prison companies. They need prisoners & any old citizen shall do. Run don’t walk, lol, get out of IL as fast as you could!

      They want your guns so you cannot fight back!

      See my Tweets for all the proof & facts! @joe4gov

      1. avatar Weapon Of War says:

        I’d probably vote for you, Joe.

  5. avatar S.Crock says:

    I think the NRA are a bunch of fudds who ignore tough but important battles. But they are still a net positive and if someone will fight for my rights even some of the time then I think that’s worth $30 per year.

    1. avatar Jon in CO says:

      Knife Rights has been an absolute Net Positive. I donate $10/month. They were instrumental in getting the switchblade ban reversed here. Also helped the dude who got the city ordinance removed as well. Mr. Ritter is an absolutist. He wants to remove ALL knife laws and restrictions in America, has gone on record multiple times stating that, and has done a damn good job so far.

  6. avatar Brad Runyan says:

    Why don’t you folks in Deerfield recall these individuals that are attempting to take away your Constitutional Rights.

    1. avatar Too close to Chicago says:

      Because the town is filled with gun grabbing liberals who agree with the village board. We will try to vote them out but it will be hard.

  7. avatar Wayne says:

    How does Chicago get by with their gun bans? They are more than restrictive than state laws.

    1. avatar Dom says:

      The Chicago ban was struck down in 2010. Google McDonald vs. Chicago. Other than an AWB, Chicago has the same gun laws as the rest of Illinois. People always say that Chicago has some of the strict st gun laws in the US. That was true BEFORE 2010. Not anymore.

      1. avatar Dom says:

        Edit to clarify: Chicago’s AWB was in place prior to the IL pre-emption law and grandfathered in. Once pre-emption went into effect, no local gun ordinances could be added. The Chicago handgun ban went away in 2010 following McDonald.

      2. avatar JSH says:

        Chicago still has some of the strictest laws in the nation because Illinois has some of the strictest laws in the nation. It got better in 2010. But it still has a long way to go.

  8. avatar former water walker says:

    Interested to see how this plays out…the NRA lost in Highland Park. Illinois is going more evil. Jabba the Prickster will completely eff it up. ILLinois sucks…

    1. avatar Larry says:

      Highland Park won because they did this during the 20 day pre-emption period allowed by the Conceal Carry law. Deerfield elected not to do a ban but created a Safety and Storage Ordinance during the same time frame. Deerfield is saying this Ban is an ammendment to their Safety and Storage Ordinance. Problem for them, the banning of assault rifles, certain shotguns, pistols with magazines holding more than 10, has nothing to do with their Safety and Storage Ordinance. It is a completely new law. That is why they may lose. I am a Deerfield resident and am exstatic that they have just been stopped for a period anyway. This Mayor and Board members have to realize they are to abide by laws themselves. This was not just about rifles, it also was outlawing magazines with capacities over 10. Many are just talking about rifles, it was much more.

      1. avatar Too close to Chicago says:

        I’m a resident of Deerfield too. Not a ton of us in this village. I can only imagine the handwringing that Harriet and the rest of the board are doing tonight.

        1. avatar Dan the Lawsuit guy says:

          Guys, Another resident of Deerfield here. I’m glad to see you guys on here talking about this issue. I’d love to talk more in person.

          this was a good victory today and I’m really glad I didn’t have to make an evening run to North Shore Sports Club to drop the offending items off.

          Thanks for the support,
          Dan E.

        2. avatar tsbhoa.p.jr says:

          i was in all of your back yards once a month for nine years.
          nice skate park you have there.
          the deerfield village board is comprised of frustrated property owners trying to justify their winnetka level property taxes while not having any lakefront to call their own.
          max and benny’s= kreplach.

      2. avatar Gurnee Man says:

        Come up north to Gurnee – Lower property taxes, and a board that listened to a bunch of hpeople not yet old enough to vote wanting to enact a gun ban……..and then did nothing of the sort.

        Also, our police tend to be nicer. The people in this thread know that deerfield cops can be not the most accommodating. Just saying.

  9. avatar Craig in IA says:

    Now if we can find judges to do the same with “sanctuary cities/states” and just see to it that laws already on the book are followed, as in the preemption law in this case… Simple justice.

  10. avatar Gun Owning American says:

    Time for the nra to jump start more of these.

  11. avatar Rickey says:

    Hooorah for American Constitution and human rights. The 2ed Amendment wasn’t insisted on so we could hunt ducks or foil robbers. It was to foil tyrants, tryanny and Big Brother.

  12. avatar ironicatbest says:

    A whole field of deer and I’m just throwing rocks at them.

    1. avatar tsbhoa.p.jr says:

      diez dias.

  13. avatar m. says:

    queer-field d-suckers briefly deterred, they will continue wiping themselves with the Constitution @ every opportunity

  14. avatar @Joe4Gov says:

    For those of you that stay in IL maybe you could change that state.

    Do you notice how it is in none of the National conversations? Its financially upside down & its plan to re-emerge is stupid!

    The state needs to Carry Trump in 2020! Trump is the only real supporter of gun rights whether you like him or not is irrelevant. The fact is he is a great businessman & has just proved to be a great statesmen!

    It might be up to one of you GUN touting posters out there to run for Governor & or IL AG & turn that state around! Your very futures are really at stake! I know first hand that they are. They are counting on your wealth to bail them out! The very Tyrants you say your guns are to protect you from are preparing to take your guns then take your wealth.

    Notice how law enforcement keeps needing more & more money?!?! We need a healthy balance & citizens enforcing the law works just as well when need be, remember if you have to, you could make a citizens arrest. Hopefully they’ll come to their senses & back off their attempted gun grab.

    Hillary Clinton was worth $500,000 before 2008 election, after 8 years of scamming you tax payers she is now worth $242 million as same with Obama worth $3 million before election now worth $41 million. Not on their salaries on their sell out of you & all that is worth a darn!

    NEVER SURRENDER YOUR GUN RIGHTS!

  15. avatar WhiteDevil says:

    Someone who lives there should file a civil rights violation, with the FBI, against each member of the board. I know it probably wont do much good, but, they can’t continue to be emboldened to do what they are doing.

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