BREAKING: Illinois Judge Permanently Blocks Deerfield’s ‘Assault Weapon’ and Magazine Possession Bans

AP Photo

Today, an Illinois judge in the Nineteenth Judicial Circuit Court for Lake County, IL ruled for gun owners in the case of Guns Save Life, Inc. v. Village of Deerfield. The order issued today permanently blocks enforcement the Village of Deerfield’s gun ban.

The ordinance would have outlawed America’s favorite rifle and numerous other popular firearms along with standard capacity ammunition magazines in today’s best-selling and most used handguns and rifles.

Guns Save Life had filed the suit last year with backing from the National Rifle Association in the days after the village government unanimously passed the ordinance.

The plucky Illinois-based gun rights group soon received a temporary order blocking enforcement just days ahead of the 2018 deadline for gun owners to surrender their guns and magazines.

Additionally, the Illinois State Rifle Association filed their own lawsuit with the support of the Second Amendment Foundation. The suits were joined by the court, so today, they too share Guns Save Life’s victory.

The Village of Deerfield’s Mayor, Harriett Rosenthal, has fought vigorously to maintain her precious gun ban since it was enacted. The city publicly touted their partnership with the Brady Center to Prevent Gun Violence’s crack legal team.

Rosenthal also partnered with the high-powered and nationally known, white shoe law firm Perkins and Coie.

Village of Deerfield.

We covered some of their, uh, “novel” legal arguments earlier.

The defendants’ brief (click for .pdf) in opposition to our motion for injunctive relief argues the village’s ban on rifles is necessary “to protect the public health, safety and welfare.” Then they boldly cite criminal misuse of handguns as justification for their ban on scary-looking rifles.

Hard to believe, right? It’s true. They cite the South Carolina church killings and the attempted assassination of Gabby Giffords — both crimes committed with handguns — as reasons to ban rifles.

They also cited the Washington D.C. Naval Yard spree killing. There, a lunatic used a no-frills Mossberg 500 shotgun purchased at Dick’s Sporting Goods to kill most of his victims. He also used a handgun stolen from a murdered security guard.

Yes, the Village argues that they need to ban rifles because of criminals who used handguns and shotguns to kill people. That’s some sound logic, right? Not so much.

Wait. It gets worse. The defendants’ brief also names two domestic Islamic terror attacks as reasons to ban guns in Deerfield. Yes, they actually cited the Islamic terror attacks in San Bernardino, CA and at the Orlando Pulse nightclub as justification for taking our guns. So because the U.S. Government can’t protect us from Islamic terror attacks, the Village of Deerfield should disarm law-abiding Americans?

The brief also cites the Sutherland Springs, Texas church massacre. At the same time, it fails to note that a good guy’s AR-15 stopped the killings.

But all those high-priced lawyers couldn’t block Guns Save Life’s motion for a temporary restraining order last summer.

In the end, the judge found:

(1) The 2018 Ordinance is preempted by the FOIDCA and the FCCA and therefore unenforceable.  (2)  The 2018 Ordinance is a new ordnance (sic) and not an amendment of the 2013 Ordinance and is therefore preempted by FOIDCA and FCCA.  (3)  The 2018 Ordinance does not prohibit ownership or possession of large capacity magazines. …

IT IS HEREBY ORDERED THAT:

1.  A temporary restraining order is issued enjoining the defendant Village of Deerfield, its agents, officials or police department from enforcing any provision of the 2018 Ordinance relating to the ownership, possession, storage or transportation of assault weapons or large capacity magazines within the Village of Deerfield.

Now that temporary order has been made permanent. Deerfield traveled down a tough and expensive road to keep their beloved disarmament ordinance. And while they’ve lost in court again, it seems likely they will continue to spend taxpayer money to defend the indefensible on appeal.

Meanwhile, the law-abiding gun owners in Deerfield won’t have to worry about a knock on their door from the village police. For now at least.

comments

  1. avatar OmnivorousBeorn says:

    Boy our courts are on fire today

    1. avatar LibertyToad says:

      Finally, a win here in Illinois. I spoke to a couple of police officers about the ban and they said most officers would not enforce it anyway and would just “look the other way” unless the weapons was used in a crime. It’s nice to see that the illegal ban removed so there is no doubt about it being enforced or not.

    2. avatar Green Mtn. Boy says:

      Unfortunately the Western District in Michigan rule in favor of the ATF regs. today in regards to the Bump Stock ban,defiantly not good news in the furtherance of Liberty

    3. avatar Southern Cross says:

      The plaintiffs expected the judge to be overawed and overwhelmed by the sheer number of incidents supporting their case and the judge would not actually read and analyze the incidents.

      Epic FAIL!

  2. avatar pwrserge says:

    Just wait a few months… the SCotUS should have a doozy for the gun grabbers rather shortly. Like him or not, Trump put Gorsuch and Kavanaugh on the highest court in the land. He’s also stacked the 7th circuit deep with originalists making it one of the most conservative benches in the country. This is one of the reasons why all the gun grabber bills in the Illinois legislature aren’t going anywhere at this time. Even Madigan doesn’t want to gettea bagged by the 7th circuit again like he did over concealed carry.

    1. avatar Geoff PR says:

      “Just wait a few months… the SCotUS should have a doozy for the gun grabbers rather shortly”

      God, I hope so.

      But then I remember what happened to the ‘Affordable Care Act’ decision and I am filled with palatable dread. I hope Thomas & Co. have something in mind for the NY Pistol decision that cuts the legs out from under the piss-ant harassment laws the Leftists are just gonna keep hammering us with until our star runs out of Hydrogen…

      1. avatar 2aguy says:

        Yes….I hope they go big on taking out these local, state ordinances that are backed by the left wing judges in the 9th and 4th circuits….what use is it to take on these lower courts with baby steps when they are completely, willfully ignoring the Heller decision, the Caetano Decision as well as the points made by Scalia in Friedman v Highland Park, where he specifically states the AR-15 rifle and others like it are protected by the 2nd Amendment. I hope the Supremes go big, and cut the legs out from under these lower court hacks.

        1. avatar Ansel Hazen says:

          All this makes me wonder why the Deerfield decision doesn’t pop Maura Healy’s balloon in Mass.

        2. avatar Dennis Sumner says:

          There’s no deterrent for them. Even when their actions are overturned as being unconstitutional, nobody is ever held accountable. It’s being done for our own good, remember?

        3. avatar Ansel Hazen says:

          @Dennis Sumner

          This is why the membership of the NRA get so wild. We should be hearing about a filing in Mass against Healy’s arbitrary ban in 3…..2……1…….

  3. avatar Dennis Sumner says:

    The constitution is alive and well in Illinois? Guess there’s hope after all.

    1. avatar S.Crock says:

      The Constitution is alive and well throughout America lately. This is a great win for us!

      1. avatar Dennis Sumner says:

        Roger that! Just dont turn your back.

  4. avatar Rocketman says:

    Perhaps the pro-gun defendants should have asked the judge to have the mayor and her “fellow travelers” to pay the court costs in this case personally. They might be a little more circumspect the next time that they waste the publics money.

  5. avatar Rand says:

    Pro Bono services from law firms to cities and other gov’t entities should be found as a conflict of interest and political bias.

  6. avatar jwtaylor says:

    Good work John, I hope folks realize the incredible progress you’ve made.

    1. avatar Made in America says:

      “Good work John, I hope folks realize the incredible progress you’ve made.”

      Oh………………………Geeeeeeeeeezzzzzzz!!!!!!!!!

      1. avatar Geoff PR says:

        And what have *YOU* done for gun rights? What heavy lifting have you done, assclown?

      2. avatar Dave in PTC says:

        Made in America, Why so much snark?

      3. avatar Victoria Illinois says:

        What’s that supposed to mean? Are you jealous of his good work? Or all the volunteering he and his group does?

  7. avatar Mark N. says:

    Since the legal services were pro bono, , and because public entities are generally exempt from court filing fees, the defense of the litigation is costing the tax payers of Deerfield absolutely nothing. Which is too bad; the defense an obviously pre-empted ordinance should cause some pain. (When Illinois went “shall issue,” it also passed a state pre-emption law that allowed existing ordinances or those enacted within a 90 day grace period to avoid pre-emption. Deerfield’s ordinance came long after that period closed, but Deerfield tried to finesse the restriction by purporting to amend an existing ordinance that contained no “assault weapons” restrictions.)

  8. avatar NORDNEG says:

    Exactly why president Trump needs to keep on keeping on,,, nominating judges that is…M A G A…!!!🇺🇸🇺🇸🇺🇸

    1. avatar Green Mtn. Boy says:

      And banning such things as bump stocks,then why not semi autos in general.

    2. avatar enuf says:

      President Cheeto Faced Shitgibbon is an assclown with only so much loyalty to the Second Amendment as he sees personal advantage in displaying that loyalty. I trust him with my Constitutional Rights about as much as I would trust Hillary Screeching Clinton with email security.

      However …

      The Federalist Society has his ear on judicial appointments and their man is behind every name he sees and approves. That is who to thank for Constitution defending (we hope) Federal judge appointees, not that narcissistic wackadoodle in the Oval Office.

      1. avatar pwrserge says:

        #OrangeManBad

      2. avatar J Gibbons says:

        And while his record is far from perfect, it is certainly more balanced than Hillary’s would have been with several positives. As far as judges, while he’s taking others’ recommendations, at least he is taking them and they’ve been good so far. No politician will ever be perfect, and he’s better than any of the communist wannabes running for the Democrats in 2020.

      3. avatar Victoria Illinois says:

        Evidently you know nothing about Hillary. They are polar opposites. If you want a saint in the oval office, run for office.

        1. avatar Dennis Sumner says:

          Boom!

        2. avatar enuf says:

          I know vastly more about Clinton than you do and would no more have wanted her in the White House than I would want a hole drilled in my head. But people who made this an either Trump or Clinton thing have a shitload of apologizing to do.

          Trump is not your friend. He has some short term usefulness, but another term would be four more years of pissing on the USA.

          Pick a real conservative next time, not this fake and dishonest shitbird.

        3. avatar Dennis Sumner says:

          Were you out of the country for the last election? He ” was” the only choice.

        4. avatar neiowa says:

          enuf – there obviously is a village that is missing you. go play back there or go play at demtardunderground

  9. avatar jwm says:

    #orangemanbad. If you’re a proggie shitbird.

  10. avatar Grumpster says:

    AWESOME ! The tide may be turning as far as Second Amendment Rights and the courts. The NYC case to be heard by SCOTUS will be very interesting to see what happens.

  11. avatar Marcia says:

    Didn’t Trump also put a conservative over the 9th circuit court over in CA? That was huge. So many people saying Trump’s insane…. if so he’s one of the bravest and smartest insane persons ever. Go MAGA!

  12. avatar former water walker says:

    Haw haw😄Dearfudd er Deerfield is a lilly white suburb north of Chiraq most know for having a highway passing through. Oh and my brother got a PhD in Hebrew there…

    1. avatar ChanceMcCall says:

      Optics Planet, one of the major internet suppliers of gun optics is located there.

      1. avatar tsbhoa.p.jr says:

        how exciting. i don’t get moderated much. let’s see if my comment appears later.

    2. avatar tsbhoa.p.jr says:

      deerfield is simply a frustrated, self loathing locale which has inferiority complex issues having origins in the town of winnetka to the east, which has a full lake michigan shoreline.
      suck it, bitches; that ban has literally been upheld until now based on a judges ruling that feelz are legitimate.

  13. avatar TommyJay says:

    Perkins Coie law firm was also the conduit for the creation (funding?) of the Steele dossier on Trump. Smells like a cabal.

    1. avatar joefoam says:

      That name stood out for me too. Slime tends to stick together apparently. With this ruling I hope those old biddies on the city council will think twice about doing something this unconstitutional in the future.

  14. avatar Just A Guy says:

    Deerfield couldn’t care less because this has now moved onto the state level for an ILGA implementation that our new Jabba Governator will quickly sign when it reaches his desk. What they’re getting now is invaluable feedback of what will stick in court and probably adapting the legislation to make it more court-proof.

  15. avatar Demoncrats says:

    Good for the judge using logic. Good article overall except the reference to rifles as “assault weapons”.

    “2018 Ordinance relating to the ownership, possession, storage or transportation of assault weapons.”

    Gun rights advocates have got drop that venacular and ridicule the gun controllers who try to apply that term.

  16. avatar J says:

    It is just a soft win for us in Illinois. With several bills circulating in the Illinois legislature, SB1497 (Semi auto Rifle ban) https://trackbill.com/bill/illinois-senate-bill-1497-crim-cd-assault-weapon-ban/1686777 , SB107 (Semi auto rifle, shotgun, pistol, and accessorizes ban) https://trackbill.com/bill/illinois-senate-bill-107-crim-cd-assault-weapon-ban/1648626 , HB2253 (80% lower rifle and pistol ban) https://trackbill.com/bill/illinois-house-bill-2253-untraceable-firearms/1679464 , and others we will have to do this all over again. Chicago Democrats have proposed 125 anti-gun bills since Jan 2019 and they just got started. It will be a long haul to defeat them. https://www.isra.org/Advocacy/Legislation.aspx

  17. avatar Crabbyoldguy says:

    Channeling my inner accountant, where’s the judges order to physically remove any mention of the ordinance from all publications? Seems like the courts should be forcing the defendants to clean up after themselves too.

  18. avatar J says:

    It is just a soft win for us in Illinois. With several bills circulating in the Illinois legislature:
    SB1497 (Semi auto Rifle ban) https://trackbill.com/bill/illinois-senate-bill-1497-crim-cd-assault-weapon-ban/1686777
    SB107 (Semi auto rifle, shotgun, pistol, and accessorizes ban) https://trackbill.com/bill/illinois-senate-bill-107-crim-cd-assault-weapon-ban/1648626
    HB2253 (80% lower rifle and pistol ban) https://trackbill.com/bill/illinois-house-bill-2253-untraceable-firearms/1679464
    and others anti-gun bills we will have to do this all over again. Chicago Democrats have proposed 125 anti-gun bills since Jan 2019 and they just got started. It will be a long haul to defeat them. https://www.isra.org/Advocacy/Legislation.aspx

  19. avatar J says:

    It is just a soft win for us in Illinois. With several bills circulating in the Illinois legislature:
    SB1497 (Semi auto Rifle ban) https://trackbill.com/bill/illinois-senate-bill-1497-crim-cd-assault-weapon-ban/1686777
    SB107 (Semi auto rifle, shotgun, pistol, and accessorizes ban) https://trackbill.com/bill/illinois-senate-bill-107-crim-cd-assault-weapon-ban/1648626
    Chicago Democrats have proposed 125 anti-gun bills since Jan 2019 and they just got started. It will be a long haul to defeat them. https://www.isra.org/Advocacy/Legislation.aspx

  20. avatar The SGM says:

    These Village Officials have and are continuing to spend their voters tax dollars to fight a losing battle. When will the voters of this Village stand up and tell them to stop?

  21. avatar Jack Blade says:

    More fascist gun grabber types! I am real happy the bastards lost! I hope all gun grabbers lose, then I hope they all GTFO the country and leave us law abiding citizens in peace!

  22. avatar enuf says:

    It’s a good slap down! Delighted to see it! Many more challenges ahead, just always great to hear of a win!

  23. avatar strych9 says:

    Gangsta.

    Interesting that it creates such a testy comment section though.

  24. avatar Area 52 says:

    In my opinion, any win on semi autos is a major plus for gun rights. Especially when so many communist politicians and celebrities are salivating at NZ gun ban.

  25. avatar UpInArms says:

    It’s absurd that the village of Deerfield is even involved with this. Were I the judge in this case, having heard the long list of incidents justifying this bag of crap, my first question would have been “And how many incidents have you had in Deerfield?”

    “No incidents, your Honor… Just a lot of trendy moral posturing.”

  26. avatar Bob999 says:

    They will just enact another ordinance knowing that it will take another few years before a court can declare it unconstitutional and then do it again and again until the city goes bankrupt.

    They do not do this because they are concerned for the safety and well-being of their citizens. No, they do this because they know that their brand of government cannot exist without the force of arms against an unarmed, subjugated people.

  27. avatar john says:

    US supreme court docket #…..18-280….18-280…..18-280….18-280…

    They sky will be falling for the antis soon.

    Rejoice the for the coming legal decision that will require a very narrow interpretation of the 2nd. AS IT ALWAYS SHOULD HAVE BEEN!!!!

    Spread the good word!!!

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