Appellate Court Upholds Deerfield, Illinois Gun Ban…For Now
Five years after Illinois passed law restricting local governments’ powers to ban scary-looking long guns, the village of Deerfield passed such a gun ban. With dubious arguments for the need for such a ban, they did not create a new law, but rather amended an existing ordinance on the storage of weapons.
Deerfield then signaled to the mainstream media that they had succeeded in banning America’s favorite rifle, the AR-15. The less intellectually gifted village leaders happily claimed that they had also banned magazines over ten rounds. When sharper heads pointed out the lack of language in the amended magazine ban ordinance, Deerfields Brain Trust changed its now amended original ordinance again to ban it as well.
Fair Disclosure: I am the Executive Director of Guns Save Life. Before this amended ordinance could take effect, GSL sued its implementation with the assistance of the National Rifle Association’s Institute for Legislative Action.
The Illinois State Rifle Association, with assistance from the Second Amendment Foundation, also filed a lawsuit. The Clinton family’s most popular law firm, longtime democratically bound Perkins Coie, represented the village of Deerfield pro bono with support from the Brady group.
The court, after hearing the evidence, issued an injunction that blocked the implementation of the ban.
Perkins Coie then appealed the injunction. How bad was it. The village of Deerfield got exactly what they paid for. We let The Deerfield Patch headline tell the story …
Court denies Deerfield’s appeal against offensive weapons ban
The village’s appeal was too early, too late and initially in the wrong court, but it will have another chance to try to enforce its gun ban.
But now, with the dust settling, the Illinois Second County Court of Appeals has ruled the village’s (second) bite on the apple of appeal. The appeals court ruled that the village’s Gut and Replace amendment did not violate the black letter law. At the same time, the village’s attempt to ban magazines was flawed.
From the Chicago Tribune:
An appeals court has upheld the Deerfield village’s authority to ban offensive weapons, reversing part of a lower court ruling that rejected an amended village ordinance.
With the reversal on Friday, the order comes into effect in the village immediately, as the permanent order that is supposed to prevent the village from enforcing the ordinance has been repealed.
John Boch, the executive director of Guns Save Life, an organization that was involved in one of two original lawsuits, said it was beyond Deerfield’s jurisdiction to amend the ordinance in that way.
“They haven’t banned these weapons in that 10-day window,” he told Pioneer Press. “But they came back a few years later and completely rewrote a local ordinance … to make it a gun ban.”
Boch said he saw a lead for an appeal to the Illinois Supreme Court and was cautiously optimistic that an appeal would be filed.
“Of course we are dissatisfied with that,” said Boch. “And I think everyone is dissatisfied with this decision in one way or another. I think it is very likely that this will be challenged in the Illinois Supreme Court. And it is currently unclear whether they will accept it or not. “
This is by no means over. However, it appears that AR pistols and all other semi-automatic pistols (like the CZ Scorpion) will remain legal in Deerfield, along with magazines of any capacity.
Do not touch the watch face.