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Deerfield bans AR style guns. #7132375 04/04/18 05:39 PM
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Cherokee Mingan Offline OP
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So apparently Deerfield IL just passed a city ordinance making illegal to have an "assault style" weapon. You have until June 2 to surrender your firearm and it is a $1000 fine per day that you fail to do so. Curious to what you guys think about this. See the links below to their official website.

https://www.deerfield.il.us/CivicAlerts.aspx?AID=216

https://www.deerfield.il.us/DocumentCenter/View/1506

Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7132385 04/04/18 05:45 PM
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I think it stinks and am glad I don't live there. texas

Last edited by Bar-D; 04/04/18 05:45 PM.

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Re: Deerfield bans AR style guns. [Re: Bar-D] #7132424 04/04/18 06:15 PM
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Originally Posted By: Bar-D
I think it stinks and am glad I don't live there. texas


I think it is illegal and a violation of our 2nd Amendment Rights. It should be challenged in the court of law and the city officials should be sued, charged with criminal offenses and fired.

Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7132777 04/04/18 11:43 PM
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No way this stands. This is a terrible overreach of their authority and I hope their PD tells them to pound sand when they want them to confiscate the guns.


Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7132924 04/05/18 01:53 AM
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I would gather together everyone with an AR or any other gun and go tell them they have made an error. That is why we have been given the right, to use it to deter the gov't from doing this very thing.


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Re: Deerfield bans AR style guns. [Re: RattlesnakeDan] #7132946 04/05/18 02:26 AM
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Originally Posted By: RattlesnakeDan
I would gather together everyone with an AR or any other gun and go tell them they have made an error. That is why we have been given the right, to use it to deter the gov't from doing this very thing.


Correct.

Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7132947 04/05/18 02:28 AM
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Re: Deerfield bans AR style guns. [Re: ckat] #7133080 04/05/18 11:31 AM
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It did not take long for the NRA to respond. This is a great example of why we need something like the NRA.

Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7133096 04/05/18 11:51 AM
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Originally Posted By: Cherokee Mingan


It did not take long for the NRA to respond. This is a great example of why we need something like the NRA.


They always do. up

Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7133186 04/05/18 01:13 PM
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Originally Posted By: Cherokee Mingan

I think it is illegal and a violation of our 2nd Amendment Rights. It should be challenged in the court of law and the city
officials should be sued, charged with criminal offenses and fired.


This.


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Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7133219 04/05/18 01:34 PM
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"The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed ó where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once."
-- Judge Alex Kozinski
(1950-) US Circuit Judge of the US Court of Appeals for the Ninth Circuit (1985-2017)
Source: Silveira v. Lockyer, 328 F. 3d 567 - Court of Appeals, 9th Circuit 2003, Dissent by Judge KOZINSKI
http://quotes.liberty-tree.ca/quote_blog/Alex.Kozinski.Quote.1F2

Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7133336 04/05/18 03:12 PM
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Crazy liberals will try anything. This will not stand.


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Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7133467 04/05/18 04:53 PM
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Not just what they call "assault" firearms but anything that holds more than 10 rounds like a 10-22 or a pistol that holds more than 10 rounds.



Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7133912 04/06/18 01:02 AM
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The city just cost the tax payers money. If it makes it through the first court it will be appealed all the way to the Supreme Court all the time costing the tax payers money. So I think the citizens of Deerfield should vote all that voted for this out of office.

Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7134296 04/06/18 03:03 PM
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Any battle will likely come down to which side has more money.

That said, this is legal as the US Constitution does not stipulate what the type of firearm can be held by the people.

There have been acts and laws put in place that spell what can not be possessed. Or what steps are needed to possess certain weapons. But, nothing says what can be possessed. Therefore, I donít believe any challenge would be successful.

I think the rub comes in banning a material possession that was otherwise legal, without due process. Even the 2004 AW Ban included a clause that allowed people in legal possession to keep what they had prior to the ban.

I donít like it and I thjnk we will see more instances of this happening elsewhere.

Just my 2cents

Re: Deerfield bans AR style guns. [Re: pegasaurus] #7134330 04/06/18 04:30 PM
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Originally Posted By: pegasaurus
That said, this is legal as the US Constitution does not stipulate what the type of firearm can be held by the people.


The counterargument to what you say is that the Constitution does not restrict what type of arms the people have a right to keep and bear.

In general, when SCOTUS is contemplating Constitutional rights, they interpret laws to allow the maximum liberty and rights possible UNLESS the Constitution expressly places a restriction on the right, or unless the right infringes on the rights of others.

So, the First Amendment protects the individual right to freedom of speech. That right does not extend to the point of saying "we need to assassinate so-and-so".

The Second Amendment protects the individual right to keep and bear arms. That right does not extend to the point of using a handgun to rob a bank.

When individuals abuse their Constitutional rights to harm others, we do not deprive the entire people of those rights - only the offending individuals. Even when proven murderers use the 4th, 5th, and 6th Amendments to escape guilty verdicts on what we generally consider "technicalities", we don't strip those rights away from everyone.

Same must apply to the Second Amendment. The text does not limit what type of arms we may keep and bear, and therefore that right must be interpreted as broadly as possible. *hint* it's legal to own full automatic weapons with the appropriate tax stamp/license.

Re: Deerfield bans AR style guns. [Re: Uncle Zeek] #7134494 04/06/18 07:24 PM
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Originally Posted By: Uncle Zeek
Originally Posted By: pegasaurus
That said, this is legal as the US Constitution does not stipulate what the type of firearm can be held by the people.


The counterargument to what you say is that the Constitution does not restrict what type of arms the people have a right to keep and bear.

In general, when SCOTUS is contemplating Constitutional rights, they interpret laws to allow the maximum liberty and rights possible UNLESS the Constitution expressly places a restriction on the right, or unless the right infringes on the rights of others.

So, the First Amendment protects the individual right to freedom of speech. That right does not extend to the point of saying "we need to assassinate so-and-so".

The Second Amendment protects the individual right to keep and bear arms. That right does not extend to the point of using a handgun to rob a bank.

When individuals abuse their Constitutional rights to harm others, we do not deprive the entire people of those rights - only the offending individuals. Even when proven murderers use the 4th, 5th, and 6th Amendments to escape guilty verdicts on what we generally consider "technicalities", we don't strip those rights away from everyone.

Same must apply to the Second Amendment. The text does not limit what type of arms we may keep and bear, and therefore that right must be interpreted as broadly as possible. *hint* it's legal to own full automatic weapons with the appropriate tax stamp/license.



Go back and read what I wrote.

I concur with what you are saying but because it does not stipulate places like Deerfield are restricting to what they feel is appropriate. The town council did not say all guns just those that THEY find reprehensible.

The bigger issue is the confiscation of legal possessions without due process.

Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7216143 07/05/18 01:46 AM
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This is one of the many manifestations we see along these lines. These people are relentless. They won't stop for a minute.

Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7216159 07/05/18 02:08 AM
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Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7216356 07/05/18 02:11 PM
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I don't recall the particulars but I believe the Texas state attorney general has a complaint against the Austin city counsel for a overreach policy effecting the people of Austin. Would think the same would happen in this situation even though it is a state.

Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7216604 07/05/18 08:30 PM
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Originally Posted By: Cherokee Mingan
So apparently Deerfield IL just passed a city ordinance making illegal to have an "assault style" weapon. You have until June 2 to surrender your firearm and it is a $1000 fine per day that you fail to do so. Curious to what you guys think about this. See the links below to their official website.

https://www.deerfield.il.us/CivicAlerts.aspx?AID=216

https://www.deerfield.il.us/DocumentCenter/View/1506


That city council is going to be writing a lot of checks for civil rights violations for 5th Amendment "takings" of property without compensation. They will owe the fair market value of the property taken, plus the attorneys' fees for each citizen bringing a claim.


Re: Deerfield bans AR style guns. [Re: Cherokee Mingan] #7232749 07/23/18 04:39 AM
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It's just a case of Democrats doing what Democrats do. Nothing more or less.

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