Update from November 18, 2021On September 6, 2019, the Village’s legal team appeared before Judge Berrones on the motion for clarification regarding the dismissal of the Village’s appeal on June 12, 2019. This motion claimed that the Village’s two cases had been merged and necessary legal language, Rule 304-A specifically, should have been included in the Judge’s original decision on the appeal. Judge Berrones affirmed the motion and ruled in favor of the Village. Following this decision, the Village’s legal team is preparing documentation to make an appeal.
On November 18, 2021, the Illinois Supreme Court affirmed the Second District Illinois Appellate Court decision upholding Deerfield’s 2018 ordinance banning assault weapons. The Village’s assault weapons ban has been in effect since December 7, 2020, when the Illinois Appellate Court reversed the ruling of the Lake County Circuit Court. The plaintiffs in this 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 US Constitution.
The Supreme Court’s 3-3 tie with one judge recusing himself effectively affirms the Appellate Court, and allows the Appellate Court’s ruling to stand. That ruling accepted the arguments advanced by Deerfield’s legal team concerning home rule authority and statutory interpretation. Click here for more information.
Update from December 8, 2020
The Illinois Appellate Court (2d District) on December 7, 2020, reversed the ruling of the Lake County Circuit Court and found that the Village of Deerfield properly and lawfully adopted an ordinance banning assault weapons in the Village in 2018. The Appellate Court also vacated the permanent injunction against enforcement by Deerfield that was put in place by the Lake County Court. Click here for more information._______________________________________________________
Update from September 9, 2019
Update from June 21, 2019
On June 12, 2019, the 2nd District Appellate Court issued an order dismissing the Village’s appeal on the Assault Weapons Ordinance ruling. The Appellate Court believes the Village’s appeal was premature because Judge Berrones did not issue a final order on the matter, and the Court was also unsure how Judge Berrones consolidated the cases. The Appellate Court’s decision was procedural in nature only. It did not discuss, nor did it make any ruling on, the merits or the substance of the case. The Village’s litigation team is working with Judge Berrones to get a final appealable order so that the Village can begin again with the appeal process.
_______________________________________________________The Village of Deerfield issues the following statement announcing the appeal of the March 22, 2019 court ruling regarding the assault weapons ordinance:
Update from April 16, 2019
"On April 15, the Mayor and Village Board unanimously agreed to appeal the March 22 ruling prohibiting enforcement of the Village’s assault weapons ordinance to the Illinois Appellate Court.
We appreciate the continued pro bono services that have been provided already, and that will be provided throughout the appellate process by the Brady Center to Prevent Gun Violence and Mr. Christopher Wilson, partner of the Chicago office of Perkins Coie. We continue to believe that these weapons have no place in our community and that our common-sense assault weapon regulations are legal and were properly enacted."
Update from March 22, 2019The Village of Deerfield issues the following statement regarding the March 22, 2019, court ruling on the assault weapons ordinance:
"The Village of Deerfield and our legal team are closely reviewing the ruling entered today and all options available, including the right to appeal the decision to the Illinois Appellate Court. On the positive side, the judge denied the plaintiff’s claims of a takings violation and of a wildlife statute violation. With respect to the remainder of the decision, it appears that the judge focused less on Deerfield’s actions and more on the actions of the Illinois State Legislature back in 2013. The judge took issue with the way in which the State Legislature drafted the State statute, and he read into the statute a complete preemption of home rule authority to regulate assault weapons. This unprecedented interpretation of State legislative action and intent make this case ripe for appeal. We are thankful for the continued pro bono services provided by the Brady Center to Prevent Gun Violence and Mr. Christopher Wilson, partner of the Chicago office of Perkins Coie. We continue to believe that these weapons have no place in our community and that our common-sense assault weapon regulations are legal and were properly enacted. In the meantime, however, we will abide by the court’s ruling and continue to not enforce our Ordinance.”
The Village of Deerfield issues the following statement regarding the June 18, 2018, amendment of the assault weapons ordinance:
Update from June 18, 2018
"On Monday, June 18, the Board of Trustees of the Village of Deerfield adopted an ordinance that amends its Village Code to clearly and expressly outlaw the possession, manufacture, sale, transfer or transport of large capacity magazines within the Village. This amendment is intended simply, and only, to clarify the Village Board’s intent when it adopted its initial amendments to its regulation of assault weapons at its meeting on April 2. In light of the temporary restraining order entered last week by the Circuit Court of Lake County, the Village will not enforce the June 18 amendment so long as the injunctive order remains in place."
The Village of Deerfield issues the following comment following the June 12, 2018, granting of the Temporary Restraining Order:
Update from June 12, 2018
“We are reviewing with our legal team the full written opinion that the Judge entered. We will, of course, honor the order issued by the Court and temporarily not enforce the ordinance; but we are certainly going to review all of the options available to the Village, including the right to appeal the decision to the Illinois Appellate Court.”
At the Village Board meeting on February 20, 2018, Mayor Rosenthal directed that Staff and the Village Attorney present a report concerning the implementation of a ban on assault weapons. The proposed ordinance would ban the possession, sale and manufacture of assault weapons and large capacity magazines in the Village and is based on the City of Highland Park ordinance that withstood a legal challenge.