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Deerfield bans "assault" weapons and "high"-capacity magazines
The Chicago Tribune ^ | 04/03/18 | Steve Sadin

Posted on 04/03/2018 9:13:39 AM PDT by Simon Green

Owners of assault weapons living in Deerfield have until June 13 to remove the firearms from village limits or face daily fines after a ban was approved Monday night.

The Village Board of Trustees unanimously approved a ban on certain types of assault weapons and high-capacity magazines, amending a 2013 ordinance that regulated the storage of those items.

The new ordinance prohibits the possession, sale and manufacturing of certain types of assault weapons and large capacity magazines within the village, according to the legislation. One change from the law as it was originally discussed exempts retired police officers, according to Village Manager Kent Street.

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.

Street said the new law is modeled after one approved by Highland Park in 2013. That ban survived a legal challenge by one of the city’s residents and the Illinois State Rifle Association. The 7th U.S. Circuit Court of Appeals held that legislation constitutional and the U. S. Supreme Court let the decision stand.

Unlike Highland Park, 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.

Rose said the ordinance is based on one passed in 2013 by Highland Park that withstood a legal challenge of its constitutionality.

(Excerpt) Read more at chicagotribune.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections; US: Illinois
KEYWORDS: assaultweapons; assaultweaponsban; banglist; deerfield; illinois
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1 posted on 04/03/2018 9:13:40 AM PDT by Simon Green
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To: Simon Green

How are they even going to know?

As unenforceable as that one city in Italy(?) that banned boiling live lobsters in your home.


2 posted on 04/03/2018 9:16:51 AM PDT by Trump20162020
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To: Simon Green
Rose said the ordinance is based on one passed in 2013 by Highland Park that withstood a legal challenge of its constitutionality.

This tells me that it really was not challenged.

Fights on!

3 posted on 04/03/2018 9:18:18 AM PDT by rjsimmon (The Tree of Liberty Thirsts)
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To: Simon Green

Ignore this unConstitutional “law.” Civil Disobedience first, if that fails then - armed rebellion.


4 posted on 04/03/2018 9:20:22 AM PDT by TTFlyer
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To: Simon Green
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.

"Shall not be infringed"

NOW ENFORCE IT!

5 posted on 04/03/2018 9:22:15 AM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: Simon Green

Enact the fourteenth amendment... section three I believe.


6 posted on 04/03/2018 9:23:14 AM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world.)
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To: Simon Green

Illinois has total preemption...unless the filth have found some kind of loophole thanks to the previous Gov. Quinn (D).


7 posted on 04/03/2018 9:27:31 AM PDT by Bonemaker (invictus maneStevens wrote that he was moved by the demonstrations in Washington and other major cit)
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To: teeman8r

Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


8 posted on 04/03/2018 9:27:45 AM PDT by Garvin (Always remember folks, kill a commie for mommy ~ Semper Fi, Mac!)
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To: Simon Green

https://freerepublic.com/focus/f-bloggers/3642696/posts

Gun Grab - Boil the frog scenario

Fines for non-compliance (Boil the frog).


9 posted on 04/03/2018 9:29:19 AM PDT by Moe-Patrick (If you're not part of the solution, you're part of the problem.)
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To: Simon Green

So they’ll go door to door to demand an inspection of the home to see if they have one?


10 posted on 04/03/2018 9:29:28 AM PDT by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
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To: Simon Green

Liberal! Come and get them...


11 posted on 04/03/2018 9:30:15 AM PDT by rhc2000 (Here is to hoping this is all part of the master plan...)
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To: BobL; Blue Jays

Perfect example of boiling the frog gun grab.


12 posted on 04/03/2018 9:31:35 AM PDT by Moe-Patrick (If you're not part of the solution, you're part of the problem.)
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To: Trump20162020

The SC has ruled that criminals don’t have to declare they have weapons because it’s forced incrimination.

So if they make you a criminal by passing that law and then come around and asks you if you have one the SC says you don’t have to admit that you do.


13 posted on 04/03/2018 9:31:44 AM PDT by PeteB570 ( Islam is the sea in which the Terrorist Shark swims. The deeper the sea the larger the shark.)
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To: Simon Green

Is there a Military Base there where these Select Fire “Assault Weapons” are stored?

Assault Weapon = What any inanimate object is called after someone hits you upside the Head with one.


14 posted on 04/03/2018 9:36:38 AM PDT by Kickass Conservative ( An Armed Society is a Polite Society. An Unarmed Society is North Korea.)
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To: Simon Green

So, owners of these firearms in Deerfield are now felons in their own homes, but have committed no crime.

Felons are not required to register their firearms.
https://en.wikipedia.org/wiki/Haynes_v._United_States

Reminds me of how British General Gage ordered the citizens of Boston to turn in their firearms “for safe keeping”. They were never returned.


15 posted on 04/03/2018 9:36:53 AM PDT by Ruy Dias de Bivar
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To: SkyDancer

They better up their life insurance Cap.


16 posted on 04/03/2018 9:39:25 AM PDT by mrmeyer (You can't conquer a free man; the most you can do is kill him. Robert Heinlein)
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To: Simon Green

“Heller” indicates that the federal government does not have the power under the Constitution to ban the possession of commonly owned firearms. “McDonald” applied that principle to the states and every government under them, via the 14th Amendment.


“Street said the new law is modeled after one approved by Highland Park in 2013. That ban survived a legal challenge by one of the city’s residents and the Illinois State Rifle Association. The 7th U.S. Circuit Court of Appeals held that legislation constitutional and the U. S. Supreme Court let the decision stand.”

Now enter fines - actual punishment for exercising a constitutionally-protected right - and you are well within the territory where the Supremes will grant certiorari. The fact that it exempts retired police officers presents an additional issue, that if equal protection.

This could be a fun case...particularly if Ginsberg and/or Stevens retire (or are carried out), and Trump appoints an Originalist in his/her/their place(s). Fun, as in “totally rips the heart out of any law infringing upon the RKBA.”


17 posted on 04/03/2018 9:43:05 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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To: Simon Green
exempts retired police officers,...

This burns me up. Except for LEO's we are all second class citizens. Even CA allows former LEO's to get CCW permits in counties where they refuse to issue to any other citizen. Sorry, but retired LEO's are no different than retired military, retired civil servant, or just plain retired Joe Citizen.

18 posted on 04/03/2018 9:43:31 AM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them)
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To: Simon Green

How isn’t this considered Ex post facto violation?


19 posted on 04/03/2018 9:50:18 AM PDT by SirFishalot
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To: Magnum44

It’s not right, though exemptions have been worded this way for quite some time.


20 posted on 04/03/2018 9:51:29 AM PDT by mrmeyer (You can't conquer a free man; the most you can do is kill him. Robert Heinlein)
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