A Chicago suburb’s law to confiscate firearms and magazines has been blocked by a temporary restraining order.
Yesterday a firearm and magazine confiscation ordinance in the Chicago suburb of Deerfield was blocked on by a temporary restraining order. The Lake County Circuit Court held that the ordinance violates a state preemption statute. The court’s opinion is attached to this post.
Procedural history: The Deerfield ordinance was enacted on April 2, 2018. Its effective date would have been June 13, today. Two lawsuits have challenged the oridinance. One was supported by the National Rifle Association. The plaintiffs were Guns Save Life, a 20-year-old Illinois advocacy organization, and John Wombacher, a Deerfield resident. That case is 18CH498. A parallel case was brought by the Second Amendment Foundation, the Illinois State Rifle Association, and Deerfield resident Daniel Easterday. That case is 18CH427. The caption for the court’s ruling is the NRA case, but the SAF case is also cited.
Both cases raised the preemption issue, and the court agreed with the plaintiffs. The NRA case also raised some other issues, discussed below, on which the court was not persuaded.
by David Kopel