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SAF Wins Injunction Against Deerfield IL’s Assault on 2A

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Deerfield IL jumped in with both feet when it entered the foray to be what many would consider to be the most oppressive gun control community in the nation. Fortunately, it looks like local lawmakers bit off more than they could chew when they went after the Second Amendment rights of citizens, thanks to the efforts of pro 2A groups such as the Second Amendment Foundation and Illinois State Rifle Association.

SAF and ISRA had challenged the ban on the grounds that it violates the state’s preemption law that was adopted in 2013. That change amended state statute that declared “the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State.

A circuit court judge in Lake County, Illinois has granted an injunction against the Chicago suburb of Deerfield, blocking the village from enforcing a ban on so-called “assault weapons,” and handing a victory to the Second Amendment Foundation.

SAF was joined in the lawsuit by the Illinois State Rifle Association and Deerfield resident Daniel Easterday, who is a lawful firearms owner. SAF and ISRA had challenged the ban on the grounds that it violates the state’s preemption law that was adopted in 2013. That change amended state statute that declared “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…”

There was a short grace period during which municipalities in the state could change or adopt their gun laws, and Deerfield maintained that its ban was merely an amendment to an earlier ordinance that regulated firearms.

“We moved swiftly to challenge this gun ban because it flew in the face of state law,” said SAF founder and Executive Vice President Alan M. Gottlieb. “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,” he added, “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.’”

Plaintiffs were represented by Glen Ellyn attorney David Sigale.

Do you believe the Second Amendment Foundation and Illinois State Rifle Association will be successful in defending the Second Amendment rights of the residents of Deerfield IL against a ban of “so-called” assault weapons? Share your answer in the comment section.

SLRule

Growing up in Pennsylvania’s game-rich Allegany region, Dave Dolbee was introduced to whitetail hunting at a young age. At age 19 he bought his first bow while serving in the U.S. Navy, and began bowhunting after returning from Operation Desert Shield/Desert Storm. Dave was a sponsored Pro Staff Shooter for several top archery companies during the 1990s and an Olympic hopeful holding up to 16 archery records at one point. During Dave’s writing career, he has written for several smaller publications as well as many major content providers such as Guns & Ammo, Shooting Times, Outdoor Life, Petersen’s Hunting, Rifle Shooter, Petersen’s Bowhunting, Bowhunter, Game & Fish magazines, Handguns, F.O.P Fraternal Order of Police, Archery Business, SHOT Business, OutdoorRoadmap.com, TheGearExpert.com and others. Dave is currently a staff writer for Cheaper Than Dirt!

View all articles by Dave Dolbee

The mission of Cheaper Than Dirt!’s blog, “The Shooter’s Log,” is to provide information-not opinions-to our customers and the shooting community. We want you, our readers, to be able to make informed decisions. The information provided here does not represent the views of Cheaper Than Dirt!



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