Deerfield Assault Weapons Ban Doesn't Really Ban Magazines: Suit

DEERFIELD, IL — A second lawsuit has been filed challenging Deerfield's ban on so-called assault weapons and large capacity magazines. The organization Guns Save Life and Deerfield resident John Wombacher filed the lawsuit Thursday in Lake County Circuit Court against the Village of Deerfield and Mayor Harriet Rosenthal. The seven-count complaint (below) reiterates some of the same basic claims as an earlier suit filed two weeks ago by another Deerfield resident while introducing several fresh arguments.

In addition to alleging that the village's ordinance violates the statewide ban on new assault weapon regulations in the Illinois Firearm Owners Identification Act and the Concealed Carry Act, the suit suggests that the village's rules are separately preempted by the Illinois Wildlife Code.

The lawsuit also asks a judge to declare that the ban does not apply to large capacity magazines, despite assertions by the village in press releases and public statements. A close reading of the ordinance appears to substantiate that claim.

Deerfield Village Manager Kent Street said he believes the ordinance bans large capacity magazines, although he declined to answer what part of the ordinance prohibits it. He said the village had not yet been served with the latest lawsuit, and village officials would be declining media requests for interviews on the ordinance because of the pending litigation.

Likewise, Mayor Harriet Rosenthal could not point to the operative portion of the ordinance that bans large capacity magazines.

"We're sticking with our press release," she said. The April 3 press release claims the ordinance bans the possession of large capacity magazines. Rosenthal declined to answer if the ordinance prohibits large capacity magazines that are not connected to an assault weapon.

"I don't want to talk about it anymore," said the mayor.

The amended ordinance defines large capacity magazines as those that can accept more than 10 rounds. It also adds a provision allowing the chief of police to destroy each "large capacity magazine surrendered or confiscated pursuant to this article."

But the ordinance itself does not explicitly ban the magazines.

The latest lawsuit also alleges that the ban violates the Eminent Domain Act and the Illinois Constitution because it does not compensate the owners of prohibited weapons that get destroyed.

"The firearms and magazines that Deerfield's ordinance labels as 'assault weapons' and 'large capacity' magazines are widely owned by law-abiding gun owners throughout Illinois," said executive director of Guns Save Life, John Bosh, in a release announcing the suit. "The General Assembly has already determined that Illinois gun owners should not be subjected to a confusing patchwork of inconsistent local regulations, and the Deerfield ordinance flies in the face of that important principle of Illinois law."

Bosh thanked the National Rifle Association, whose Institute for Legislative Action supported the suit. The NRA vowed to fight the ban in court as soon as it passed.

"Every law-abiding villager of Deerfield has the right to protect themselves, their homes, and their loved ones with the firearm that best suits their needs,” NRA-ILA Executive Director Chris Cox said at the time. “The National Rifle Association is pleased to assist Guns Save Life in defense of this freedom.”

State gun laws in Illinois were crafted nearly five years ago after a federal judge struck down the state's existing firearm law as unconstitutional. The resulting legislation made Illinois the last state in the country to legalize the concealed carrying of a gun and created the present system of firearm owners identification (FOID) cards and concealed carry (CCL) permits.

The new state law also included a limited window – 10 days in July 2013 – for local governments to pass stricter regulations on long guns, which include certain semi-automatic rifles, pistols and shotguns defined as "assault weapons."

Cook County, Evanston, Highwood, Highland Park, North Chicago, Skokie and several other municipalities passed complete bans in 2013. Deerfield, along with Buffalo Grove, passed regulations on assault weapons that did not amount to bans. Deerfield argues that because it is amending its 2013 ordinance defining assault weapons and mandating their safe storage.

Both challenges claim that the amendment is not actually an amendment, but rather a new ordinance. Relevant Illinois Supreme Court precedent indicates an amendatory ordinance that re-enacts some of the earlier version should be regarded as a continuation of the old ordinance, as long as the amendment doesn't expressly reflect legislative attempt to totally revise and substitute – to effectively repeal – the previous ordinance.

In response to the earlier challenge against ban filed by Daniel Easterday, of Deerfield, along with the Illinois State Rifle Association and the Second Amendment Foundation, the village issued a statement saying the suit "effectively concedes the lawfulness" of the ban under the Second Amendment.

"The village is confident that it had the authority to enact the ordinance under existing state law," it said.

Federal judges have upheld strict assault weapons bans in several states. However, a judge last year issued an injunction blocking California from enforcing its ban on large capacity magazines. Litigation continues in that case, Duncan vs. Becerra.

The village may seek to consolidate both complaints into a single case.

The next court date in the Easterday lawsuit was set for April 26, according to the Lake County Clerk of Circuit Court.

The ban goes into effect on June 13. Those found to be in violation of the ordinance will be subject to daily fines of between $250 to $1,000 and must forfeit "any assault weapon" if convicted.

» UPDATE: Deerfield Gets Pro Bono Legal Defense In Assault Weapon Ban Suits

Related:

• Deerfield Assault Weapon Ban Challenged In Lake County Court
  
• Deerfield Bans Assault Weapons, High-Capacity Magazines
• Deerfield Assault Weapon Ban Set For Final Approval
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• Northbrook Bans Bumps Stocks, Moves Toward Assault Weapons Ban

Read the full complaint in Guns Save Life and John Wombacher v. Village of Deerfield and Mayor Harriet Rosenthal: