Saturday, June 16, 2018

Judge Temporarily Prevents IL City’s Ban on ‘Assault Weapons' From Going Into Effect

The following article appeared in the Independent Journal Review on June 14th

Hours before the city of Deerfield's ban on assault weapons was set to take place, an Illinois Circuit Court judge granted a temporary injunction against it, saying it was unenforceable.
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According to the Deerfield Review, on Tuesday, Circuit Court Judge Luis Berrones cited Illinois' Firearm Concealed Carry Act and the Firearm Owners Identification Card Act as the reasons why the ban would be unenforceable.

If the ban were to take effect, anyone with an assault weapon would have faced up to a daily $1,000 fine until they destroyed it or took it out of the city.

The Illinois State Rifle Association (ISRA) and Second Amendment Foundation (SAF) quickly challenged the ban in court. 

SAF founder and executive vice president Alan Gottlieb said Deerfield's ban proves pro-gun control advocates want to take guns from citizens:

"We moved swiftly to challenge this gun ban because it flew in the face of state law. 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 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.'"

The ISRA stated it will be pushing for a permanent injunction to be put in place.

“We are reviewing with our legal team the full written opinion that the Judge entered,” Deerfield officials said in a statement. “We will, of course, honor the order issued by the Court and temporarily not enforce the ordinance; 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.”

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