Court Blocks Village's Assault Weapons Ban Ordinance
A Lake County Judge has permanently blocked the village of Deerfield's 2018 assault weapons ban.
Prior to the ban's June 2018 effective date, Associate Judge Luis Berrones ordered a temporary injunction of the ban in response to of filed by Deerfield residents backed by and gun ownership advocacy groups.
Deerfield's ordinance amendment was determined unenforceable, though it was purported to be modeled after Highland Park's weapons ban, which was upheld by the United States Supreme Court in 2015.
The village intends to appeal the decision, according to the story, issuing the following statement:
The Village of Deerfield and our legal team are closely reviewing the ruling entered today and all options available, including the right to appeal the decision to the Illinois Appellate Court. On the positive side, the judge denied the plaintiff’s claims of a takings violation and of a wildlife statute violation. With respect to the remainder of the decision, it appears that the judge focused less on Deerfield’s actions and more on the actions of the Illinois State Legislature back in 2013. The judge took issue with the way in which the State Legislature drafted the State statute, and he read into the statute a complete preemption of home rule authority to regulate assault weapons. This unprecedented interpretation of State legislative action and intent make this case ripe for appeal. We are thankful for the continued pro bono services provided by the Brady Center to Prevent Gun Violence and Mr. Christopher Wilson, partner of the Chicago office of Perkins Coie. 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. In the meantime, however, we will abide by the court’s ruling and continue to not enforce our Ordinance.”