ISRA Wins Permanent Injunction Against Deerfield Semi-Auto and Magazine Ban

[delcrossv]

ISRA special alert

"The Illinois State Rifle Association won a major victory today as Lake County Judge Luis Berrones ruled that the Village of Deerfield does not have the authority to ban semi-automatic firearms and magazines in their community.

The Illinois State Rifle Association has won 15 court challenges in a row.

In 2018, the Village of Deerfield passed an ordinance banning certain semi-automatic firearms despite the fact an Illinois State law expressly prohibits municipalities from banning these types of firearms and magazines. The state law gave municipalities until July 19, 2013 to enact semi-automatic firearm bans.

The Village of Deerfield contended that because the ordinance was an amendment to a previous ordinance approved within the deadline the Legislature established, the ordinance should be legal. In his ruling, Judge Berrones determined Deerfield's 2018 ordinance was a new ordinance and he stated gun owners have "a clearly ascertainable right to not be subjected to a preempted and unenforceable ordinance."

"This is a big win for the 2nd Amendment," Pearson said. "The Village of Deerfield had an opportunity to pass a ban in 2013 and failed to do so. Their ordinance is a clear violation of Illinois' concealed carry law which was passed into law precisely because of the Supreme Court's ruling on what municipalities could and could not do in terms of establishing their own gun laws. Today's ruling reaffirms the US Supreme Court's ruling and makes it clear that communities do not have the authority to enact more onerous gun laws than what is already codified in state statute. This is a very good day for those of us who put a premium on the 2nd Amendment freedoms afforded to us in the Constitution."

Pearson said the news today is a call for honest gun owners to rally behind the Illinois State Rifle Association and fight against the ongoing assault on our 2nd Amendment rights.

"We need everyone who cares about the 2nd Amendment needs to join the Illinois State Rifle Association today," Pearson said. "We must stand together if we are going to defeat the gun grabbers in Illinois." "

Illinois Gun Owner's Lobby Day (I-GOLD) is Wednesday March 27 in Springfield. Be There or Be Square.

 

[brjr51]

While I applaud this ruling, I'm afraid this will just give the legislators more fuel for a statewide ban. "Well since we can't restrict these locally, we just have to do it statewide."

 

[Watchdog]

While I applaud this ruling, I'm afraid this will just give the legislators more fuel for a statewide ban. "Well since we can't restrict these locally, we just have to do it statewide."

Your point has some validity. Equally valid is that this ruling could go a long way in showing the anti-gun/anti-2A people that they aren't going to get what they want every time, all the time. It might just begin to show them the overall futility of what they're attempting. It puts them on notice that even a proposed city ban (or county ban) on firearms is going to be a hard fought battle. Pro-gun forces are in this fight for the long haul.

Keep in mind, too, that "doing it statewide" is a lot more complicated (and expensive) than a small town city council passing some sort of resolution.

I imagine (hope) this has been an exercise in frustration for whoever thought this thing up in the first place.

 

[brjr51]

The main argument in this ruling was the "preemptive clause" in the 2013 CCL bill that prevented these local gun restrictions. It's a big thorn in the antis side and they are really looking at ways to get rid of preemption.
I'm hoping for a huge turnout for IGOLD this week, ISRA, gun clubs, ranges, etc., are going all out with several chartered buses,(I'm taking Amtrak), let alone those who drive. The word is out and hopefully enough are finally getting sick of Cook Counties criminal justice failures being blamed on the rest of us. There have been several pro 2A rallies down state along with the big sanctuary county movement that is ongoing.

 

[delcrossv]

It's my opinion that a state wide ban will fail as such guns are commonly owned. SCOTUS would have to decide. If Ginsberg would finally exit the court, it'd be an easy decision.

 

[stansdds]

This is, indeed, a win for the people of Illinois. Fortunately, Virginia also has a preemption law and it has been used several times to defeat proposed local restrictions.

 

[AManWearingAHat]

Excellent. As a former Illinois resident, this is good news. Any win in that state is a blessing.