Judge tosses Chicago suburb's assault weapons ban

[DonViejo]

Source: The Hill


BY MORGAN GSTALTER - 03/23/19 08:05 AM EDT

A judge in Illinois ruled Friday that the Chicago suburb of Deerfield did not have the authority to enact a ban on assault weapons.

Lake County Circuit Court judge Luis Berrones issued a permanent injunction blocking the measure from being enforced, finding that the gun owners who sued have “a clearly ascertainable right to not be subjected to a preempted and unenforceable ordinance,” The Chicago Tribune reported.

Deerfield officials said they are reviewing Berrones’s decision and may consider appealing the ruling to the Illinois Appellate Court, according to the Tribune.

“This unprecedented interpretation of state legislative action and intent make this case ripe for appeal,” village officials said in a statement. “We continue to believe that these weapons have no place in our community and that our common-sense assault weapon regulations are legal and were properly enacted.”

Read more: https://thehill.com/homenews/state-watch/435412-judge-throws-out-illinois-towns-assault-weapons-ban

[cstanleytech]

1. They can appeal all they want but due to the 2nd amendment I would not be willing

to wager on them prevailing.

[hack89]

5. 2A permits AWBs - they are constitutional

The issue here is that the state legislature has reserved the right to pass gun control laws to themselves. Many states do the same.

[bitterross]

9. The US had an assault weapons ban from 1994 to 2004. They can be legal

Assault weapons bans can be legal. There were several challenges to the US law but the courts never struck it down.

[cstanleytech]

14. With the current SCOTUS though I would not give it much hope. No, what we come back to

is that if the majority of people truly want to have a viable method to ban guns that might not get tossed out of court then they need to amend the 2nd amendment.
The same thing for abortion for those that want to ban it, if they want to ban it then amend the Constitution but has it happened? No. Why? Because the politicians do not honestly care about abortion rather they like it because it is a damn useful dog whistle to rally the base around.

[Socal31]

11. Correct.

But cerebral discussion is not likely.

[Devil Child]

12. +1 n/t

[tymorial]

26. Even Scalia was a proponent of gun control

And barring exception of cases involving due process rights, there are few justices more conservative

[Maxheader]

2. The hell with the ill.legislature..The people of deerfield know better what they need..

than a bunch of stuffed shirt politicos...Unenforceable? What a crock!!
You own an assault weapon you turn it in...

In the ruling, Berrones wrote the plaintiff gun owners have “a clearly ascertainable right to not be subjected to a preempted and unenforceable ordinance” that prohibits possession of assault weapons, imposes financial penalties for keeping them and allows their property to be confiscated.

^^^
Too f*^&*^&king bad...

[FBaggins]

3. Deerfield's population is 18,000

How far down the chain of governmental bodies do we have to get before they don’t get to have their own gun regulations?

I’m on our HOA board. Can we have our own ban?

It’s worth noting that the 7th circuit required the state to restrict such regulation to the state legislature.

[oldsoftie]

4. And you want door-to-door searches to make SURE they're all turned in?

Because thats what it would take.

[Devil Child]

13. Most ban proponents never go into the details of how they see enforcement of compliance playing out

As you noted, it would not be pretty. Door to door militarized police visits is nothing I support.

[oldsoftie]

16. I'm reminded of the "if you're not doing anything wrong, you've nothing to worry about" crowd.

Which i've heard many say when talking about no-knock warrants. Never mind the times they kick in the WRONG door..

[tymorial]

27. If they have a warrent to search only for guns, I don't particularly care

Anything else they found would be fruit of the poisonous tree.

[sarisataka]

34. So if they arrest someone

For possession of marijuana when they go looking for a gun the owner sold long ago it's all good?

[oldsoftie]

42. Well, you dont have to worry because none of thats going to happen.

Now if a felon is suspected of having a gun, a warrant would be easy to get

[sarisataka]

7. The ordinance is only

Enforceable by violating the 4th and 5th Amendments. If it was not about guns but some otherwise legal item they wanted to confiscate would you still say

Too f*^&*^&king bad..

[oldsoftie]

15. Well stated. nt

[Devil Child]

17. +1! n/t

[X_Digger]

29. If it were Fort Worth saying they wouldn't enforce TX marijuana law, would you say the same thing?

How about some podunk city ignoring equality in marriage for gay folks?

Still think that 'The people of [wherever] know better that they need.."?

[BlueFlorida]

6. I hope very sincerely

that at some point in the future, this country will repeal or modify/clarify the gun-nut interpretations of the second amendment and restrict gun rights only to "well-regulated militias" and not every testosterone deficient psychotic as it currently stands.

[Polybius]

8. So how does NYC do this?

Assault weapons have been banned for decades, but were legal in NY State (not sure if they still are).

[hack89]

10. NY banned assault weapons at the state level.

Many states have laws that reserve the right to pass gun control laws to the state legislature. That is the issue here.

[Polybius]

23. New York State didn't ban assault weapons until January 15, 2013

I know for a fact that NYC banned them way, way earlier. I used to see ads all the time in the mid 90's in the Daily News and/or NY Post for gun shops in Long Island (not a part of NYC). In those ads they listed many assault style weapons for sale.

[hack89]

30. You are right. NYC can pass it's own laws

Many states don't allow that.

[Kaleva]

25. It's legal to buy and own an assault weapon in NY.

[hack89]

31. That is not an assault weapon.

Just like Adam Lanza's was not an assault weapon. There are always ways to get around AWBs

[Kaleva]

33. Sure it is. It certainly isn't an assault rifle.

How do you define "assault weapon"?

[hack89]

35. By however the state defines its ban

The clue in your clip is the word compliant. It complies with the law and since the law bans assault weapons, it is not an assault weapon.

[Kaleva]

36. The law doesn't ban assault weapons. It ban certain guns that have certain cosmetic features.

The name of the law is "New York Secure Ammunition and Firearms Enforcement Act of 2013".

Here's an excerpt from the law:

"A semiautomatic rifle with a detachable magazine that possesses one of the following features will be classified as an illegal assault weapon

Telescoping stock
Pistol grip that protrudes conspicuously beneath the action of the weapon
Thumbhole stock
Second handgrip that can be held by the non-trigger hand
Bayonet mount
Flash suppressor, muzzle break, muzzle compensator or threaded barrel
Grenade launcher "

https://www.steubencony.org/Files/Documents/sheriff/sdvc_nysafeact2013_313.pdf "


Since the semiautomatic rifle in the video doesn't have any of the prohibited features, it is a legal assault weapon in the state of New York.

[hack89]

37. Ok. Nt

[oldsoftie]

43. And "assault weapon" is just a scary term anyway. ANY weapon illegally used is an "assault weapon"

Even pistols can fit the description.

[Historic NY]

18. Have any of these Judges looked at Tombstone or Dodge

There is a history of bans and many by local communities.

[link:https://www.smithsonianmag.com/history/gun-control-old-west-180968013/|]

[greyl]

19. If the gun owner is left with at least one gun, their 2A rights are intact. nt

[MichMan]

20. Does the same apply to the 1st Amendment?

[greyl]

21. It doesn't need to. nt

[azureblue]

40. leave them the gun

just don't let them have any bullets. And I am sure that protected gun ownership applies to blacks, and a cop would let a black driver go in an open carry state if the guy told the cop he had a gun with him.. Yeah, right.

[Maxheader]

22. First thing you do is go to all the area gunny stores..where they sell these assault guns..

And you get the addresses..etc of all the people with these worthless, p.o.s.
baby killers..
Then you send out a parcel with a mailing tkr people can use to pay for
freight..
Give then a month..then send out the cops...
All kinds of things the community could do...cash for guns...

[melm00se]

24. Illinois, in this case (and probably others)

has verbiage that prevents preemption of state regulations which is why the Deerfield law was struck down.

[Hoyt]

28. Definitely have to protect these folks' gun rights:

?resize=750%2C934

[EX500rider]

32. I am for protecting every bodies rights if i like them or not ymmv nt

[azureblue]

38. then who protects the rights

of those killed by assault weapons? Who compensates the families of those killed by assault weapons, for the loss of their loved one?

[EX500rider]

41. Well then work to make them illegal if you think that will help.

Pistols do about the majority of the firearm deaths so you may want to start there.

FBI stats:
https://ucr.fbi.gov/crime-in-the-u.s/2016/crime-in-the-u.s.-2016/tables/expanded-homicide-data-table-4.xls


Weapons yr: 2012 2013 2014 2015 2016
Total Homicides 12,888 12,253 12,270 13,750 15,070
Total firearms: 8,897 8,454 8,312 9,778 11,004
Handguns 6,404 5,782 5,673 6,569 7,105
Rifles 298 285 258 258 374
Shotguns 310 308 264 272 262
Other guns 116 123 93 177 186
Firearms, type not stated 1,769 1,956 2,024 2,502 3,077
Knives or cutting instruments 1,604 1,490 1,595 1,589 1,604
Blunt objects (clubs, hammers, etc)522 428 446 450 472
Personal weapons (hands, fists, feet, etc.)707 687 682 659 656

[azureblue]

39. watch what would happen

if a bunch of black folks did this. Probably they would be shot by cops and the NRA would never say a word. Remember folks, teh 2nd is for white people only.