This morning, in Lake County, Illinois circuit court, Guns Save Life filed a legal challenge against the newly-amended Deerfield, Illinois gun ban. With the help of the National Rifle Association’s Institute for Legislative Action, GSL seeks to have the local ordinance overturned.
As Guns Save Life’s Executive Director, I can say the NRA has proved magnificent in their support. One could not ask for a better or more experienced partner in this fight. We need to block Deerfield’s unconstitutional effort to deny its residents firearms based merely upon cosmetic appearances.
Frankly, the Village of Deerfield’s gun ban makes as much sense as the village banning brown M&Ms because they don’t like the color. However, unlike M&Ms, the right to keep and bear arms is protected by the Constitution.
The NRA released this statement this morning.
NRA Backed Challenge to Illinois Village Gun Ban Filed
Fairfax, Va. – With support from the National Rifle Association’s Institute for Legislative Action (NRA-ILA), Guns Save Life has officially filed their lawsuit today challenging the Deerfield Village, IL ban on recent attempt to criminalize so-called “assault weapons” and “high capacity magazines” within village limits.
“Deerfield’s so-called ‘assault weapons’ ban prohibits possession of the most widely owned sporting rifles in the United States,” said Chris W. Cox, executive director of NRA-ILA. “These firearms are incredibly popular with law-abiding citizens for self-defense, target shooting, hunting, and other lawful purposes.”
The lawsuit contends that Deerfield’s bans is preempted by both the Illinois Concealed Carry Act and the Illinois Wildlife Act. The bans also violates the Illinois Constitution’s guarantee that private property shall not be taken or damaged without just compensation.
“This ordinance bans firearm because of their cosmetic features and not because of the actual operation of the gun,” said Guns Save Life executive director John Bosh. “The people of Deerfield have the right to choose which firearm is best to use when defending their families, businesses, and homes. We thank the NRA for their assistance in this fight.”
The lawsuit was filed today with the Circuit Court of Lake County.
DEERFIELD, IL — Deerfield trustees voted unanimously Monday to approve an amendment banning certain semi-automatic firearms and magazines carrying more than 10 bullets. Starting June 13, those who are found to have the banned weapons within village limits will be subject to fines of up to $1,000 per day.
However, the language in the amended ordinance does not ban magazines. And our suit points out that the emperor has no clothes.
GSL’s press release on the suit…
Guns Save Life Challenges New Ban on Commonly Owned Firearms and Magazines
Village of Deerfield, IL—Guns Save Life (GSL) filed a lawsuit today on behalf of its members who reside in the Village of Deerfield and are injured by a recently enacted ordinance that Village officials have described as banning “assault weapons” and “large capacity magazines.” GSL claims that notwithstanding statements to the contrary by the Village, the ordinance does not in fact prohibit possession of any magazines within the Village and that any provisions in the ordinance that are interpreted to ban certain magazines and firearms violate the Illinois Firearm Owners Identification Card Act, the Illinois Firearm Concealed Carry Act, the Illinois Wildlife Code, and the Takings Clause of the Illinois Constitution.
“The firearms and magazines that Deerfield’s ordinance labels as ‘assault weapons’ and ‘large capacity’ magazines are widely owned by law-abiding gunowners throughout Illinois,” said John Boch, Executive Director of Guns Save Life. “The General Assembly has already determined that Illinois gunowners should not be subjected to a confusing patchwork of inconsistent local regulations, and the Deerfield ordinance flies in the face of that important principle of Illinois law.”
In addition to arguing that the ordinance is preempted by state statute, GSL also contends that it violates the Illinois Constitution by providing for the confiscation and destruction of private property without payment of just compensation.
Simply put, the Village of Deerfield seems to think a creative interpretation of Illinois law (and ignoring the Heller and McDonald decisions) allows them to ban most semi-auto firearms. We prefer to follow the rule of law rather than feelings and emotions.