Deer Field, IL Weapons/Magazine ban

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  • T.Lex

    Grandmaster
    Rating - 100%
    15   0   0
    Mar 30, 2011
    25,859
    113
    This cannot be allowed to stand, how can a local municipality just eliminate someone's constitutional rights with a vote and pen stroke?
    Limitations are constitutional. They are not eliminating the right.

    Post-Heller, as a society we are exploring the permutations of what restrictions are acceptable or not.
     

    oze

    Mow Ho
    Site Supporter
    Rating - 100%
    1   0   0
    Feb 26, 2018
    3,024
    113
    Fort Wayne
    Illinois is broke they can't even pay lottery winners that win in their state. Just another cash flow of money their hoping for.
    Yep. I'd like to think that I have contributed to their financial woes since I put that corrupt sh*t hole in my rear-view mirror 6 years ago, taking my exorbitant property tax $$ with me.
     

    Expat

    Pdub
    Site Supporter
    Rating - 100%
    23   0   0
    Feb 27, 2010
    109,585
    113
    Michiana
    Damned lawyers!

    Hopefully Gottlieb will have success with this one.
    Isn't the standing case from the same Appellate Court going to serve to sustain this law/ordinance? I thought this one is similar to the other burb over there that SCOTUS refused to take up.
     

    ryknoll3

    Master
    Rating - 75%
    3   1   0
    Sep 7, 2009
    2,719
    48
    Isn't the standing case from the same Appellate Court going to serve to sustain this law/ordinance? I thought this one is similar to the other burb over there that SCOTUS refused to take up.

    This one will hinge on the fact that they "ammended" their ordinance after the state codified in 2013 that AWB's are the purview of the state. Existing bans were allowed to stand, but Deerfield is working off the notion that because we had an ordinance regarding storage of assault weapons, we're allowed to modify that ordinance and it doesn't run afoul of the state preemption.

    The state legislature is debating a bill that would in part remove the preemption and allow municipalities to ban assault weapons. If this bill becomes law, the case would likely be dismissed.
     

    KLB

    Grandmaster
    Rating - 100%
    5   0   0
    Sep 12, 2011
    23,230
    77
    Porter County
    Isn't the standing case from the same Appellate Court going to serve to sustain this law/ordinance? I thought this one is similar to the other burb over there that SCOTUS refused to take up.
    Hey lawyer types. What does it take to get a case to get looked at by the courts when a similar case went through the court previously?
     

    Mark 1911

    Grandmaster
    Site Supporter
    Rating - 100%
    12   0   0
    Jun 6, 2012
    10,936
    83
    Schererville, IN
    So, assuming that there is no registration per se in Illinois outside of Chicago, how would they know who has these guns and who does not? How would they know who to go after? FOID cards? Or do they plan to search every house in the town? Wouldn't they have to search every house of every resident in order to determine who owns such weapons? Wouldn't this be a violation of the 4th Amendment? Isn't this a totally non-enforceable law from the start, simply because they really don't know who owns what?
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,756
    149
    Valparaiso
    Hey lawyer types. What does it take to get a case to get looked at by the courts when a similar case went through the court previously?

    Filing a lawsuit. That will get it in front of a judge. How long the suit lasts, now there's the issue.

    The issue will be how similar the previous case was to the present one including the state statutes in place at the time and how the ordinances were drafted and adopted. That a previous case found an "assault weapon" ban constitutional is not the same as finding that the ban in this case was properly enacted.
     

    ArcadiaGP

    Wanderer
    Site Supporter
    Rating - 100%
    11   0   0
    Jun 15, 2009
    31,726
    113
    Indianapolis
    Circuit Court Judge Blocks Deerfield, Illinois "Assault Weapons" Ban Ordinance

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