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

By Dave Dolbee published on in Legal, News

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.

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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!

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Comments (19)

  • Victor

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    It’s high time for ALL Real Patriots to let their voices be heard, Tell your local and state Politicians they Can’t have our rights and guns.We don’t need any Blood in the streets. And there will be if the Government comes for our Legally Owned Guns OR Rights.

    Reply

  • Robert VanDeVeire

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    Who the devil do these politicians think they are? So people who paid thousands for their so called assault weapons are just suppose to hand them in? Are you kidding me? Thousands that we gun owners put back into the economy and they think they can just take them, have the option to enforce fines, and destroy our merchandise. This just gripes me so much….i am an Illinoian (embarrasses to be one) and not wanting to be here anymore. It’s like every citizen knows our politicians are corrupted or ultra liberal and Chicagoans keep swinging the elections in favor of that crap. We are so stuck and in deep deep trouble. I constantly fear what our lawmakers will try to pull next. They have a mentality that we all need baby sitterd.

    Reply

  • Hide Behind

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    The “Right of the State”, get screwed, my “Right” is beyond any form of Government usurpation by Laws.
    Any laws contrary to those Rights are “Uncostitutional.”
    Where is the NRA in this case, probably out trying to collect dues, but more likely dining out and not at Mc Donalds.
    Quit this bull crap about 2nd Amendment, we surrendered that Right for a permission slip long ago, this is not a 2nd Amendment challenge but is upon a technicality of the Right of Government to control your firearmes, a dispute within wether an “Incorporated municipality under a State Supercedes a State ruling.
    A ruling that an “Incorporated” by Federal , State, must follow the Federal laws is uncontested.
    The State an ban Assault Rifles and mandate restriction upon them, and we fat ads self satisfied gun owners will comply with them; we already are as states pass more and more restrictions upon, not the F’n guns, but upon us.
    Not picking on what constitutes an assault rifle is like religious fanatics arguing over how many angels can fit on a pins point, it has no I’m bearing when we lost the 2nd A.endment, your out of the picture into “Lawyerese chess matches where they tell you as a pawn where, when, and how you must move.
    This gradual overbearing police State can only become worse, till the techies can only argue what metal constitutes a BB, as they try to keep their BB guns.
    The 2nd is gone for good and yes guns can and will be gone for good, in the general working class soon, with only officially recognized butt kissers who did not give a damn about 2nd just as long as they got permission from the butts they kissed.

    Reply

  • Force Recon Marine

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    Of the twenty-seven words contained in our Second Amendment nowhere do I see any caveats allowing for the government, any government state or local the ability or responsibility to restrict my God given and constitutionally protected right of self preservation. I see plenty of elected officials who would just as soon try and TAKE our God given right by usurpetive fiat while at the same time refusing to abide by their oaths of office.

    Reply

  • Jim Welsh

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    “the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State.’ What people own are not ‘assault weapons’, but merely a semi-automatic rifle. It is a whole different ballgame when it comes to owning an assault rifle. Congratulations SAF and ISRA on your win.

    Reply

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