Thursday, 14 June 2018

Deerfield, Illinois, Proposed Ban on “Assault Weapons” Blocked by Court

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As The New American accurately predicted in its coverage, the ban on so-called “assault weapons” passed unanimously by the Deerfield, Illinois Village Board of Trustees in early April was tossed by a court before the ban could be implemented on June 13.

It was thrown out with 24 hours to spare, by Lake County Circuit Court Judge Luis Berrones, on Tuesday. The ban clearly violated a state law of Illinois that declares that “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.”    

Mayor Harriet Rosenthal also predicted the outcome. The ban was intended, she said, to “increase the public’s sense of safety” following another mass shooting, notwithstanding “potential objections … or the enforceability of such a ban.” In other words, the ban was “feel good” legislation that had nothing to do with reducing gun violence in Deerfield (a small, low-crime community 25 miles north of Chicago) but merely to make a statement.

Said The New American at the time:

The chances that this nascent law is stillborn are between excellent and certain. The National Rifle Association (NRA) announced on Wednesday it would be financially and logistically supporting an Illinois-based pro-gun group, Guns Save Life, in its lawsuit to stop the law from going into effect.

The next day the Second Amendment Foundation (SAF) announced it had already filed a lawsuit in the 19th Judicial Circuit Court in Lake County along with the Illinois State Rifle Association (ISRA).

SAF’s Executive Vice President Alan Gottlieb explained:

We moved swiftly to challenge this gun ban because it flies in the face of state law. While the village is trying to disguise this as an amendment to an existing ordinance, it is, in fact, a new law that entirely bans possession of legally-owned semi-auto firearms, with no exception for guns previously owned, or any provision for self-defense.

The new ordinance also provides for confiscation and destruction of such firearms and their original capacity magazines. What is particularly outrageous about this new law is that it levies fines of up to $1,000 a day against anyone who refuses to turn in their gun and magazines or move them out of the village by the time the ordinance takes effect in June. This certainly puts the lie to claims by anti-gunners that “nobody is coming to take your guns.”

The New American coverage in April ended: “The courts will likely — hopefully — toss the ordinance into the trash bin of history well before it becomes law on June 13.”

It was tossed, with 24 hours to spare.

 Image: artas via iStock / Getty Images Plus

An Ivy League graduate and former investment advisor, Bob is a regular contributor to The New American magazine and blogs frequently at LightFromTheRight.com, primarily on economics and politics. He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it..

 

Related article:        

Deerfield, Illinois, Passes "Assault Weapons" Ban Effective June 13

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