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Deerfield wins assault weapons ban case after deadlock at the Illinois Supreme Court… but decision doesn’t establish precedent

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Illinois

* Press release yesterday…

Today, the Illinois Supreme Court allows Deerfield’s 2018 assault weapons ban ordinance to stand. The case challenged Deerfield’s authority to adopt the ordinance but did not challenge the validity or constitutionality of the ordinance. The Supreme Court’s ruling accepted Deerfield’s arguments concerning home rule authority and statutory interpretation.

Rep. Bob Morgan said, “Today is a tremendous day for Deerfield. The Illinois Supreme Court decision affirms that local municipalities have the ability to control the weapons in their communities. This makes Deerfield safer and is a win for the community.”

Following the shooting at Marjory Stone Douglas High School, Deerfield’s leadership team listened to residents, especially high school students who called for the assault weapons ban. Deerfield Mayor Daniel C. Shaprio said, “I continue to believe that these weapons have no place in our community.”

* It’s a bit more complicated than that. From the Supreme Court…

In this case, one Justice of this court has recused himself, and the remaining members of the court are divided so that it is not possible to secure the constitutionally required concurrence of four judges for a decision (see Ill. Const. 1970, art. VI, § 3). Accordingly, the appeal is dismissed. The effect of this dismissal is the same as an affirmance by an equally divided court of the decision under review but is of no precedential value.

Justice Michael Burke took no part in the decision.

* The Illinois Municipal League summed up the issue last year…

The Illinois Appellate Court for the Second District (Appellate Court) reversed a portion of the circuit court’s injunction prohibiting the enforcement of a Village of Deerfield (Village) ordinance regulating firearms. The Appellate Court held that the provisions of the ordinance regulating assault weapons were a valid exercise of the Village’s home rule authority, but that to the extent the ordinance provisions restricting high capacity magazines regulated handgun ammunition, the injunction was affirmed. Easterday, et al., v. The Village of Deerfield, 2020 IL App (2nd) 190879 (December 4, 2020).

* Deerfield Review…

As a result of the deadlocked Supreme Court, the decision of the Illinois Appellate Court, which ruled the weapon ban was legal, remains in effect as the final word. […]

One of the central arguments in the case was whether Deerfield’s 2018 restrictions should be considered an amended law or a new law.

When the Illinois General Assembly passed legislation in 2013 allowing state residents to carry concealed firearms, the law included a provision that allowed home rule municipalities like Deerfield to regulate assault weapons within a 10-day window or lose the opportunity to do so.

Acting within the 10 day time limit, the Deerfield Village Board of Trustees enacted an ordinance regulating the storage and transportation of the specified list of guns but did not prohibit ownership or possession of the guns.

Then in 2018, after the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, Deerfield officials moved to amend their ordinance to ban certain firearms.

posted by Rich Miller
Friday, Nov 19, 21 @ 10:43 am

Comments

A decision that doesn’t set precedent…what is this Bush v Gore /s.

Comment by 33rd ward Friday, Nov 19, 21 @ 10:49 am
Once the 2nd Amendment got incorporated : these cases become federal cases. Deerfield might have won the battle but will they win the war with this U.S. Supreme Court?

Comment by The Lawyer Guy Friday, Nov 19, 21 @ 11:02 am
If a gun isn’t legal for hunting, it shouldn’t be legal to possess.

Comment by up2now Friday, Nov 19, 21 @ 11:20 am
“If a gun isn’t legal for hunting, it shouldn’t be legal to possess.”

So you want to ban squirt guns? /s

Comment by Huh? Friday, Nov 19, 21 @ 11:32 am
Up2now

You can legally hunt with an AR-15 in Illinois I do it all the time and DNR has about a full page in the rules they publish every year dedicated to it

Comment by Todd Friday, Nov 19, 21 @ 12:32 pm
I actually liked the first local law that said you can own but cannot transport “assault weapons.” That would have been more consistent with the 2nd Amendment in my limited understanding of the constitutional right to bear arms. But it seems to me the Supreme Court Originalists (read: Conservatives) have moved far afield from any original interpretation and intentions regarding the right to own and possess weapons.

The outright banning of any right to own a rifle or assault weapon or AR model (not the same) seems sadly destined to be rejected at the federal level, home rule or not.

Comment by H-W Friday, Nov 19, 21 @ 12:54 pm
Doesn’t really matter if it sets precedent or not. There was a narrow date window where home rule cities were allowed to adopt firearms restrictions; that window has passed so other home rule cities can’t follow with NEW laws.

The whole argument was over whether or not Deerfield could LATER amend the existing ordinance they did pass during that limited window. With this non-ruling, Deerfield’s changes stand for now.

Comment by RNUG Friday, Nov 19, 21 @ 1:09 pm
This “non-win” decision is a perfect result for the gun hicks at ISRA and Guns Save Life. They do just enough to keep the carney show in business, the lawyers make a little money, and then they beat their chests and tell NRA members how they stood up to “Chicago politicians” that “want to take your guns away.”

Meanwhile you will never see any of the gun hicks do anything real, like challenge the public transportation ban for licensed carriers. That only affects black people in poor Chicago neighborhoods who take the bus. Richard Pearson, Valinda Rowe, and Todd Vandermyde drive their monster trucks everywhere, they don’t take the El.

Comment by Elmer Keith Friday, Nov 19, 21 @ 1:26 pm
Elmer

You know very little of what is planned or in the works

Comment by Todd Friday, Nov 19, 21 @ 2:32 pm