Assault Weapon Ban Stands In Deerfield Following Deadlock: Court

DEERFIELD, IL — Assault weapons are still banned in Deerfield. With six members of the Illinois Supreme Court deadlocked on the Thursday vote, and another judge opting to recuse himself, a 2018 ordinance that bans assault weapons in the village was upheld.

Though his vote would've swung a 3-3 vote to one side, Judge Michael J. Burke opted to not take part in the proceeding. A 1970 amendment to the Illinois Constitution requires concurrence of four judges for a decision. Additionally, an appeal in the case is dismissed, according to a court document in the case of the Village of Deerfield versus resident Daniel Easterday and two gun rights groups.

"I am disappointed that the court chose not to provide any of their opinions on our case and basically punted it because it was a split decision," Easterday told Patch. "I'm also disappointed that one judge decided to take no part in the decision, which means that this legal issue is never going to be officially decided."

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Easterday, along with the Illinois State Rifle Association and the Second Amendment Foundation, have been challenging Deerfield's banning of specific firearms and high-capacity magazines since an ordinance was passed three years ago. In December 2020, a divided three-judge panel of the Illinois 2nd District Appeals Court lifted permanent injunctions issued in 2019 by a Lake County judge that had forbidden village officials from enforcing any part of the assault weapons ban ordinance trustees passed unanimously in April 2018.

The plaintiffs in the case challenged Deerfield's authority to adopt the ordinance under State home rule authority. The plaintiffs did not challenge the validity or constitutionality of the Deerfield ordinance under the Second Amendment to the U.S. Constitution.

"I don't believe that the appellate court should have the final say," Easterday said. "I wonder if politics played part on the decision by Judge Burke to take no part because he is running for reelection for his seat and one of the challengers is [Highland Park Mayor] Nancy Rotering, who is a known gun control advocate."

The Village of Deerfield said it will continue to enforce this ordinance in "a manner consistent with other local ordinances," according to a news release. It will initially be enforced primarily through education and voluntary compliance. A police officer may issue a citation for a violation of this ordinance in the manner provided by law.

"We are pleased the Supreme Court validated our right to regulate this important public safety measure. I continue to believe that these weapons have no place in our community," said Mayor Daniel C. Shapiro in a statement.

Any other enforcement of this ordinance in Deerfield, including search or seizure to affect this ordinance, must comply with the requirements of state and federal law, according to the news release. The Village does not intend to have members of the Police Department go "door to door" to ensure compliance.

"We have been confident all along that the Deerfield ordinance would be upheld by the Courts. The Second District Appellate Court decision entered last December provided a strong affirmation of our ordinance. We are pleased that the Second District opinion will stand, and that our ordinance has been validated," Village Attorney Steven Elrod added.

RELATED:

• Deerfield Assault Weapons Ban Upheld By Divided Appeals Court
• Court Rejects Deerfield's Assault Weapon Ban Appeal