Chicago suburb to ban assault weapons

[struggle4progress]

BY EWAN PALMER ON 4/5/18 AT 7:15 AM

... Residents in the affluent area of Deerfield, Illinois, now have until June 13 to remove certain guns such as the AR-15, AK-47 and Uzi from their possession, or face a fine of between $250 and $1,000 per day until they do.

The Village Board of Trustees approved the ordinance as assault weapons have been used in an “alarming number of notorious mass shooting”, including the attack at the Marjory Stoneman Douglas High School in Parkland which left 17 people dead, as well as the massacres at Pulse Nightclub in Orlando, Florida, that killed 49 people and a Las Vegas music festival which killed 58 people ...

http://www.newsweek.com/parkland-school-shooting-prompts-chicago-suburb-deerfield-ban-assault-weapons-872873

[Angry Dragon]

1. Seems like overboard

[Skittles]

2. what is overboard is chronic mass shootings

[MichMary]

3. Someone will probably

take this to court.

[mahatmakanejeeves]

4. Federal law takes precedence over local ordinances.

They could ban railroads from running after dark too, and it would be just as effective.

[DetroitLegalBeagle]

7. Not in this case.

There is no federal preemption law for guns on the books. Nor is there a court ruling preventing this at this time. If it were a total gun ban or a handgun ban, then I could see it easily thrown out in federal court. But not assault weapons, not yet at least.

However, I believe Illinois passed state preemption back when it had to pass a concealed carry law. It grandfathered in existing local laws, but barred future ones. Someone from Illinois might correct me in this though.

[mahatmakanejeeves]

10. Define assault weapons.

Yeah, I know there's a kind of Potter Stewart thing going on here ("I can't define it, but I know it when I see it" ). I'll cite that when I'm on a faster connection.

https://en.wikipedia.org/wiki/Potter_Stewart

His concurring opinion in Jacobellis v. Ohio popularized the phrase "I know it when I see it."

https://en.wikipedia.org/wiki/Jacobellis_v._Ohio :

In the obscenity case of Jacobellis v. Ohio (1964), Stewart wrote in his short concurrence that "hard-core pornography" was hard to define, but that "I know it when I see it, and the motion picture involved in this case is not that." Justice Stewart went on to defend the movie in question (Louis Malle's The Lovers) against further censorship. One commentator opined that: "This observation summarizes Stewart's judicial philosophy: particularistic, intuitive, and pragmatic."

Justice Stewart commented about his second thoughts about that quotation in 1981. "In a way I regret having said what I said about obscenity—that's going to be on my tombstone. When I remember all of the other solid words I've written," he said, "I regret a little bit that if I'll be remembered at all I'll be remembered for that particular phrase."

Full disclosure: IANAL.

Thanks for writing.

[sl8]

5. Link to ordinance:

Apr 2, 2018
Board of Trustees Regular Meeting Agenda (PDF)
(Including assault weapon ordinance)
https://www.deerfield.il.us/AgendaCenter/ViewFile/Agenda/_04022018-412

[EX500rider]

6. I'd be more worried about the 650+-murders a year in Chicago if I was them..

...mostly with pistols.

https://chicago.suntimes.com/chicago-politics/chicago-murders-homicides-2017-steep-decline/

[struggle4progress]

8. Chicago Trib tracks the homicides: 90% are firearm-related

641 in last 365 days with 578 by gunshot

http://www.chicagotribune.com/news/local/breaking/ct-chicago-homicides-data-tracker-htmlstory.html

[MichMan]

9. How will it be enforced?

Search warrants issued for every single residence?