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Judge throws out Deerfield's assault weapons ban
The Chicago Tribune ^ | March 22, 2019 | Karen Berkowitz

Posted on 03/22/2019 11:58:36 AM PDT by Trump20162020

A Lake County Circuit Court judge ruled Friday that the village of Deerfield overstepped its authority last year 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 issued a permanent injunction blocking the village from enforcing its ordinance. In the ruling, 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.

Deerfield officials said they are reviewing the ruling with their legal team and exploring options including an appeal to the Illinois Appellate Court.

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


TOPICS: Government; Politics/Elections; US: Illinois
KEYWORDS: banglist; berrones; deerfield; illinois; luisberrones
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1 posted on 03/22/2019 11:58:36 AM PDT by Trump20162020
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To: Trump20162020

Read another way, they are reviewing how deep their pockets are for a protacted, yet futile lawsuit. How far can they go without bankrupting the community or being kicked out of office?


2 posted on 03/22/2019 12:00:37 PM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!)
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To: Trump20162020

“Deerfield officials said they are reviewing the ruling with their legal team and exploring options “

I guess they have their priorities straight and time on their hands when their top priority is gun confiscation before everything else..


3 posted on 03/22/2019 12:03:21 PM PDT by max americana (Fired libtards at our company for the past 12 yrs at every election. I hope all liberals die.)
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To: Trump20162020

I beleive NY outlawed AR - 15’s ?


4 posted on 03/22/2019 12:03:30 PM PDT by Bob434
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To: Bob434

Ah, I’d bet a barbershop or restaurant or deli is selling them out the back door somewhere within 2 miles of my house.

But then again, this is Staten Island.

And they shouldn’t have to be sold that way anyway.


5 posted on 03/22/2019 12:07:53 PM PDT by dp0622 (The Left should know if.. Trump is kicked out of office, it is WAR)
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To: Bob434

It’s Illinois.


6 posted on 03/22/2019 12:07:55 PM PDT by Trump20162020
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To: Trump20162020

? I know the article is abotu illinois- I was making hte comment i think NY banned them too- so if it’s not constitutional in ill- why is it not constitutional in NY too?


7 posted on 03/22/2019 12:11:37 PM PDT by Bob434
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To: dp0622

yeah I’m sure peopel are still dealing them- and cops won’t actively look for peopel with htem, but the problem becomes when aa cop pulls someoen over, or goes to a home and sees one, the person is now an instant felon- democrats love making felons out of law abiding citizens by passing laws again constitutionally protected firearms


8 posted on 03/22/2019 12:14:32 PM PDT by Bob434
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...and the punishment for the fascists that passed this law is?


9 posted on 03/22/2019 12:16:38 PM PDT by USCG SimTech
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To: Trump20162020
[my gun rights fantasy]

President Trump is reelected and the house flips back to GOP control. The Senate gains a super majority.

After appointing several of the 160 - 180 judicial vacancies, President Trump proposes a constitutional amendment that prohibits states from enacting any legislation regarding the ownership, transfer, manufacture, possession or carry of any firearm or accessory that is more restrictive than federal law.

Congress passes the amendment and sends to the states for ratification early in his 2nd term.

Sit back and watch liberal heads explode.

10 posted on 03/22/2019 12:17:37 PM PDT by taxcontrol (Stupid should hurt - Dad's wisdom)
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To: Bob434

Agreed.

And they did actually bust a barber shop for selling Israeli machine guns out of the store.

But they were SO BLATANT that cops had no choice but to act.

At least pretend you know it’s against the law.

Funny thing is i had gotten a haircut there only about 10 days prior even though it’s not my usual place.

But it was full of paesani barbers and I figured something illegal was being sold :)


11 posted on 03/22/2019 12:17:47 PM PDT by dp0622 (The Left should know if.. Trump is kicked out of office, it is WAR)
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To: dp0622

lol- “Gun and a shave” - i think i read about that bust-


12 posted on 03/22/2019 12:19:06 PM PDT by Bob434
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To: Bob434

LOL It’s a discount package :)


13 posted on 03/22/2019 12:19:41 PM PDT by dp0622 (The Left should know if.. Trump is kicked out of office, it is WAR)
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To: Trump20162020; DUMBGRUNT

Sounds about right for Deerfield! (And its not even in Cook County Illinois!)


14 posted on 03/22/2019 12:23:04 PM PDT by Pete from Shawnee Mission
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To: Bob434

https://www.campsitesportshop.com/html/firearms-rifles-ny-compliant.asp?action=view&ID=4837&cat=142


15 posted on 03/22/2019 12:23:16 PM PDT by Harpotoo (Being a socialist is a lot easier than having to WORK like the rest of US:-))
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To: Bob434
"I know the article is abotu illinois- I was making hte comment i think NY banned them too- so if it’s not constitutional in ill- why is it not constitutional in NY too?"

Not every case is about the US Constitution. This one is about whether Illinois state law prevents local jurisdictions from making their own gun laws.

16 posted on 03/22/2019 12:26:04 PM PDT by mlo
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To: mlo

srry- read it quick thought it was about constitution- thanks for pointing that out


17 posted on 03/22/2019 12:28:19 PM PDT by Bob434
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To: Reno89519

‘Read another way, they are reviewing how deep their pockets are for a protacted, yet futile lawsuit. How far can they go without bankrupting the community or being kicked out of office?”

Reno, I’ll take “Door #2,” kicked out of office for $200. It’s a whole lot quicker than the courts are today. Start the recalls today Deerfield folks.


18 posted on 03/22/2019 12:29:21 PM PDT by vette6387 (Fire Mueller)
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To: Bob434

Illinois didn’t.


19 posted on 03/22/2019 12:31:01 PM PDT by TexasGator (Z1z)
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To: Bob434
"... so if it’s not constitutional in ill- why is it not constitutional in NY too?"

That is not what the decision means.

The ordinance was not ruled unenforceable because it was unConstitutional. It was because the legislature of Illinois had passed a pre-emption law. This merely means that the legislature of Illinois reserves to itself the power to infringe on the right to keep and bear arms. Local governments may not do so (except for those ordinances passed prior to the pre-exemption law).

This decision was probably the weakest win the pro-gun people could ask for. A better decision would have been to find that the ordinance was a violation of the Second Amendment.

It appears to be the case that this judge is an Illinois state judge, not a federal judge. The people in Deerfield perhaps should have started their journey in federal court. As it stands now, the plaintiffs no longer have a case since the ordinance has been struck.

20 posted on 03/22/2019 12:31:36 PM PDT by William Tell
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