Deerfield IL bans all semi-auto guns, new-2 lawsuits challenge

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johndoe3
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Deerfield IL bans all semi-auto guns, new-2 lawsuits challenge

Post by johndoe3 »

http://chicago.cbslocal.com/2018/04/03/ ... c-weapons/

Deerfield Illinois has banned all semi-auto rifles, pistols and shotguns (effective June 13, 2018), similar to neighboring Highland Park--both suburbs of Chicago. The fine is $1000/day for violators of the new town ordinance.

This outrage is possible because Illinois does not have a firearm preemption law.

https://everytownresearch.org/fact-shee ... tion-laws/

The NRA has lobbied hard for the last 20 years for State firearm preemption laws. Presently, 42 States have firearm preemption laws, where only the State legislature can pass firearm laws.

Those States without firearm preemption laws include...
Only California, Connecticut, Hawaii, Illinois, Massachusetts, Nebraska, New Jersey and New York generally allow local officials to pass firearms-related public safety laws.
Last edited by johndoe3 on Fri Apr 06, 2018 1:09 pm, edited 1 time in total.
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John A.
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Re: Deerfield IL bans all semi-auto guns

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Had never heard of these yee-haws until reading this.

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Re: Deerfield IL bans all semi-auto guns

Post by poikilotrm »

Easily struck down: https://www.law.cornell.edu/supct/html/07-290.ZS.html

3. The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment . The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense.
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Re: Deerfield IL bans all semi-auto guns

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Law enforcement and retired law enforcement are exempt from the ban.
Always curry favor with those perceived to be in power.

It worked so well in Athens, TN.
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johndoe3
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Re: Deerfield IL bans all semi-auto guns

Post by johndoe3 »

https://www.nraila.org/articles/2018040 ... is-lawsuit

On Wednesday, John Boch the executive director of Guns Saves Lives (Illinois Statewide gun group) filed a lawsuit challenging Deerfield's new ordinance banning all semi-auto guns (passed Monday). Later Wednesday, the NRA-ILA announced they were joining the GSL lawsuit as a financial backer. The NRA is keeping a lower profile, given all the anti-NRA media screeds since the Florida school shooting, and letting GSL fight the lawsuit in their State.

http://www.breitbart.com/big-government ... tion-suit/

On Thursday, another lawsuit challenging Deerfield's ordinance was filed by the Second Amendment Foundation in cooperation with the Illinois State Rifle Association and a resident of Deerfield (Daniel Easterday), so that there are no "standing" issues to preclude the lawsuit.
SAF filed suit against the new ordinance, claiming it violates Illinois’ preemption law. SAF founder and executive vice president Alan Gottlieb said, “We moved swiftly to challenge this gun ban because it flies in the face of state law. While the village is trying to disguise this as an amendment to an existing ordinance, it is, in fact, a new law that entirely bans possession of legally-owned semi-auto firearms, with no exception for guns previously owned, or any provision for self-defense.”

Moreover, Gottlieb noted that the confiscatory nature of the new ordinance, combined with the mandate that all “assault weapons” be moved outside the village or destroyed, “puts the lie to claims by anti-gunners that ‘nobody is coming to take your guns.’”

SAF’s suit is joined by the Illinois State Rifle Association and Daniel Easterday, a private citizen who lives in the village and is a gun owner.
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Re: Deerfield IL bans all semi-auto guns, new-2 lawsuits challenge

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the POWPOW now goes powpow
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Re: Deerfield IL bans all semi-auto guns, new-2 lawsuits challenge

Post by poikilotrm »

I had no idea the US military issued AR-15s. That federal judge sure has educated me.
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Re: Deerfield IL bans all semi-auto guns, new-2 lawsuits challenge

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So Scalia explained military weapons are excluded from the protection of 2A and the people of MA have the right to protect themselves from military-like weapons by ignoring their existence?
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Re: Deerfield IL bans all semi-auto guns, new-2 lawsuits challenge

Post by johndoe3 »

In that Massachusetts decision, the federal judge made a somewhat retarded decision. Scalia mentioned M16s in Heller in reference to their fully automatic capabilities as dangerous weapons (not wanting to overturn the 1934-NFA in the Heller decision). The MA federal judge made an error in conflating semi-automatic AR15s and fully automatic M16s, which fall under the NFA--they are not the same thing.

If there is any justice, then this Federal judge's decision this week should be overturned, since it is technically wrong.
You can fool all of the people some of the time, and some of the people all of the time...and those are pretty good odds.
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Re: Deerfield IL bans all semi-auto guns, new-2 lawsuits challenge

Post by poikilotrm »

johndoe3 wrote: If there is any justice
:roll: :lol:
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Re: Deerfield IL bans all semi-auto guns, new-2 lawsuits challenge

Post by doubloon »

johndoe3 wrote:... Scalia mentioned M16s in Heller in reference to their fully automatic capabilities as dangerous weapons (not wanting to overturn the 1934-NFA in the Heller decision). ...
I recall it more as Scalia mentioning military weapons might be successfully banned from civilian ownership if the second amendment could be separated from the prefatory clause but it wouldn't be right in his opinion to do so.
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