Gun groups want a restraining order against Deerfield's assault weapons ban before..

chicagotribune.com ^ | June 1, 2018 | Karen Berkowitz

[PROCON]

Full Title: Gun groups want a restraining order against Deerfield's assault weapons ban before it takes effect in 2 weeks

Gun-rights advocacy groups are asking a Lake County Circuit Court judge to bar the village of Deerfield from enforcing its ban on assault weapons that is set to kick in June 13.

The ordinance enacted April 2 by the Deerfield Village Board gives residents until June 13 to turn in any guns that fit the village’s definition of assault weapons, remove them from the village or modify the guns so they’re no longer considered assault weapons. The ordinance empowers the town’s police chief to confiscate the assault weapons of anyone charged under the ordinance.

Owners found in violation can be fined up to $1,000 a day, according to the ordinance.

Two lawsuits were filed in April challenging the ordinance on various grounds, including a claim that the ordinance deprives gun owners of property they are legally entitled to possess. The plaintiffs in both lawsuits are asking for a temporary restraining order to block Deerfield from enforcing the ban until the court can hear their arguments for a permanent injunction.

A hearing to consider the restraining order motions is set for June 8, just days before the ban is set to take effect.

“The fast-approaching compliance date compels plaintiffs to seek more immediate and intermediate relief until this matter can be fully heard on the merits,” said attorney David Sigale in a petition on behalf of Deerfield gun owner Daniel Easterday, the Illinois State Rifle Association and the Second Amendment Foundation.

Sigale’s petition notes that Deerfield residents in possession of the those weapons face prosecution, confiscation and destruction of their property and hefty monetary fines.

[vette6387]

“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.”

Wow, and I thought all the Legislative Morons were in Sacramento! So they give local entities a “ten day window” to subvert a new law before it takes effect? That’s bat $hit crazy!

[vette6387]

“BTW, they will also need to pay off the police.”

That should be easy in Illinois!

[smokingfrog]

Yup!

[SERE_DOC]

"The "ordinance" enacted April 2 by the Deerfield Village Board gives residents until June 13 to turn in any guns that fit the village’s definition of assault weapons"

Norton v. Shelby County, 118 U.S. 425 (1886)

While acts of a de facto incumbent of an office lawfully created by law and existing are often held to be binding from reasons of public policy, the acts of a person assuming to fill and perform the duties of an office which does not exist de jure can have no validity whatever in law.

An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed.

If the police enforce this ordinance, they should be fired... the Deerfield Board should be hanged.