Deer Field, IL Weapons/Magazine ban

[lonehoosier]

"Turn them in or face $1000 fine" shows they aren't serious about it.

Deerfield bans assault weapons and high-capacity magazines - Deerfield Review

Honestly, if they were serious about confiscating/banning... a ridiculous fine like this is nothing.

I don’t see that as ridiculous

Violations carry a fine of between $250 and $1,000 per day, according to Matthew Rose, the village attorney. He said the fine is levied each day until there is compliance.

 

[Leadeye]

Maybe they are expecting neighbors to rat each other out. Could be a good cash generator for the town, I'll add this to my collection of...

Always follow the money

 

[HoughMade]

Who is telling you this?

The NRA-ILA?

https://www.nraila.org/articles/20180314/illinois-senate-attempts-to-repeal-preemption-law

 

[ArcadiaGP]

I don’t see that as ridiculous

Violations carry a fine of between $250 and $1,000 per day, according to Matthew Rose, the village attorney. He said the fine is levied each day until there is compliance.

Seems like if they really wanted them banned, they'd jail you for possession. Fining you day-after-day seems passive aggressive... like they're expecting it to be overturned.

 

[lonehoosier]

I myself would like to know one way or the other. I thought there was preemption as well. They even allowed a brief period of time for municipalities to pass a ban and have it grandfathered ... I thought.

If the story is correct I think it explains how they can do it.

Deerfield opted not to enact a total ban on assault weapons during a 10-day window that Illinois lawmakers’ gave home-rule municipalities in 2013 before the state’s new Firearm Concealed Carry Act eliminated their ability to do so.
However, Deerfield trustees did enact an ordinance defining assault weapons and requiring the safe storage and safe transportation of those weapons within the village. That measure, which was enacted during the permitted time frame, preserved Deerfield's right to amend the ordinance in the future, Street previously said.

 

[HoughMade]

If the story is correct I think it explains how they can do it.

Deerfield opted not to enact a total ban on assault weapons during a 10-day window that Illinois lawmakers’ gave home-rule municipalities in 2013 before the state’s new Firearm Concealed Carry Act eliminated their ability to do so.
However, Deerfield trustees did enact an ordinance defining assault weapons and requiring the safe storage and safe transportation of those weapons within the village. That measure, which was enacted during the permitted time frame, preserved Deerfield's right to amend the ordinance in the future, Street previously said.

That's a neat trick, and may very well work.

However, another reading of the statute could be that ordinances that are inconsistent with state law are grandfathered. The ordinance above was not inconsistent with state law when enacted. Amending it to now to be inconsistent with state law and ban things not banned when the grandfathering took place completely changes the character of the ordinance and is less of an amendment, more of a new enactment.

...but the state preemption statute was drafted full of holes.

 

[CPT Nervous]

Seems like if they really wanted them banned, they'd jail you for possession. Fining you day-after-day seems passive aggressive... like they're expecting it to be overturned.

They know there isn't room in the jail for all the people who won't comply. I'm expecting a very low compliance rate. I also don't expect anyone to pay the fine.

 

[HoughMade]

Seems like if they really wanted them banned, they'd jail you for possession. Fining you day-after-day seems passive aggressive... like they're expecting it to be overturned.

Municipal ordinances generally can't mandate jail time. That's for state statutes.

 

[CPT Nervous]

Municipal ordinances generally can't mandate jail time. That's for state statutes.

This is true. There is also little to nothing they can do if you don't pay the fine.

 

[T.Lex]

This is true. There is also little to nothing they can do if you don't pay the fine.

Actually, there may be. They can file a civil ordinance violation, get a money judgment with the subsequent lien, then foreclose on the lien.

(Not licensed to practice in Illinois, so mileage there may vary, but that's the way it would happen in Indiana.)

 

[CPT Nervous]

Actually, there may be. They can file a civil ordinance violation, get a money judgment with the subsequent lien, then foreclose on the lien.

(Not licensed to practice in Illinois, so mileage there may vary, but that's the way it would happen in Indiana.)

I guess the best bet is to try to relocate to a less hostile area. Preferably in America.

 

[binkerton]

and snorting prophylactics.

Wat?

There are good people in Illinois.

LIES!

 

[drillsgt]

Nothing but political grandstanding, if you look at their demographics it is a small city, mostly white, with incomes over 150k I doubt they had an "assault weapons" problem.

 

[T.Lex]

Nothing but political grandstanding, if you look at their demographics it is a small city, mostly white, with incomes over 150k I doubt they had an "assault weapons" problem.

I dunno. That seems to me to be the demographic of most high end AR owners. Someone is keeping LMT in business.

 

[Butch627]

It's a pretty high income City. Years ago a large part of the population were airline pilots out of O'Hare. Very low crime, and many gated subdivisions. No real crime outside of them. I see it is much more of a high-minded leftist statement they are trying to make than anything else.

 

[WestSider]

This cannot be allowed to stand, how can a local municipality just eliminate someone's constitutional rights with a vote and pen stroke?

 

[KLB]

This cannot be allowed to stand, how can a local municipality just eliminate someone's constitutional rights with a vote and pen stroke?

Well, the USSC has refused to take any cases conserning AWBs so far. That means they can keep doing it until someone tells them it is not constitutional.

 

[Carmel Corn]

Actually, there may be. They can file a civil ordinance violation, get a money judgment with the subsequent lien, then foreclose on the lien.

(Not licensed to practice in Illinois, so mileage there may vary, but that's the way it would happen in Indiana.)

A lien is what I would fear as well. Homeowners associations will sometimes use this tactic.

 

[blue2golf]

This cannot be allowed to stand, how can a local municipality just eliminate someone's constitutional rights with a vote and pen stroke?

It sucks but this is how they will try to take this nationwide.

 

[ryknoll3]

I guess they changed it as originally debated to exempt retired LEO's from the ordinance. If "assault weapons" are death machines and "only good for killing as many people as possible" why would a retired cop need one?