Liberty Blog

Judge Throws Out Illinois Assault Weapons Ban

March 22, 2019

 

Because of  the recent mass shootings with high causalities, Deerfield Illinois officials voted in April 2018 to ban AR-15, AK-47 and Uzi under their home rule authority to protect public safety. 

 

Local gun owners and gun-rights group filed lawsuits claiming the village had missed its opportunity to ban assault weapons in 2013. The Illinois legislature had given municipalities until July 19 of that year to regulate assault weapons before a new Illinois Concealed Carry Act and an amended Firearm Owner’s Identification Card Act eliminated their ability to do so.

 

Lake County Circuit Court judge ruled that the village of Deerfield overstepped its authority when it enacted a ban on assault weapons five years after the Illinois legislature declared such regulations the exclusive power of the state.

 

Judge Luis Berrones's permanent injunction will blocking the village from enforcing its ordinance. Berrones wrote that 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.

 

This is a clear win for all Illinois gun owner and hopefully will set the tone forward for other such attempts at restricting gun rights. 

 

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