Illinois, April 5, 2018
The village of Deerfield, IL passed a ban on assault weapons and high capacity magazines. Two lawsuits have been filed challenging the ban. Brady joined Perkins Coie and Holland & Knight as co-counsel, defending the township against lawsuits brought in opposition to the implementation of the ban.
On April 2, 2018 the Deerfield Village Board of Trustees in Illinois unanimously approved a ban on specific assault weapons and high-capacity magazines, prohibiting their possession, sale, and manufacturing within the village. Following the passage of the assault weapon ban within the village, two lawsuits were filed challenging the ordinance.
The first lawsuit, filed by Deerfield resident Daniel Easterday just a few days after the ban was passed, is supported by the Illinois State Rifle Association and the Second Amendment Foundation. The complaint alleges that the ordinance is preempted by Illinois state law as stated in the Illinois Firearm Owners Identification Card Act and the Illinois Firearm Concealed Carry Act.
The second lawsuit was filed by Guns Save Lives, Inc and Deerfield resident John Williman Wombacher III, and is supported by the National Rifle Association. This suit alleges that law violates a guarantee under the Illinois Constitution that private property shall not be taken for public use without just compensation. It further challenges the definition of assault weapons and high-capacity magazines. Brady is defending the Deerfield’s ordinance in both suits.
In June of 2018, an Illinois judge implemented a temporary restraining order to prevent the enforcement of the ordinance, until the two lawsuits challenging the ban are heard. Attorneys returned to court on October, and oral arguments were heard before Lake County Circuit Court on January 18th, 2019. We are currently awaiting a decision, expected in mid-March.
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