Editor's note: It is a known fact that a Shark's fin will not fit into the trigger guard of a semi-automatic rifle. Thus, Sharks are automatically excepted from this ordinance. This Shark wishes to thank the beautiful ladies of the League of Women Voters for foisting another unnecessary, unconstitutional and expensive law on the citizens of Highland Park. Ari, keep up the good work. Lucius Verenus, Schoolmaster, ProbateSharks.com
Highland Park assault weapons suit in federal court
Close up of the barrel of the AR-15. Daniel Easterday, of Highland Park, holding his AR-15 semi-automatic rifle, at the On Target Range, Sunday, June 30, 2013 in Crystal Lake. Highland Park has banned such weapons and Easterday has to accommodate the law and store his weapon elsewhere. On Target is one of the ranges he frequents. (Chuck Berman / June 30, 2013)
|
A Highland Park man's recent lawsuit against his town, challenging the constitutionality of its ban on assault weapons, has landed in federal court, according to court documents.
Arie Friedman, a Highland Park pediatrician, along with the Illinois State Rifle Association, filed suit against Highland Park on Dec. 12 in response to the city's new ban on assault weapons. Last summer, Highland Park was one of several Chicago suburbs that raced to enact municipal ordinances regulating or banning the use of assault weapons before the state's concealed carry law pre-empted home-rule authority.
Friedman, a Republican who lost a race for state Senate in November 2012, has requested an injunction against the ban, claiming the ordinance infringes upon his Second Amendment rights, according to the complaint.
On Thursday, Steven Elrod, Highland Park's attorney, requested that the case be removed from Lake County Circuit Court and taken before a federal judge.
"The City Council believes the ban is constitutional and wanted to provide maximum protection to its residents, visitors and property owners," Elrod said.
Friedman, who could not be reached, owns semi-automatic rifles prohibited by the ban, with magazines that hold more than 10 rounds of ammunition, which also are banned, according to the complaint.
"Dr. Friedman keeps and maintains the firearms and ammunition magazines described above for lawful purposes, including recreational target shooting and defense of his home and family," the complaint states.
Semi-automatic rifles and shotguns should not be defined as assault weapons, said Richard Pearson, executive director of the Illinois State Rifle Association, co-plaintiff in the suit.
"They're taking a common firearm and trying to ban it," Pearson said. "We oppose that."
After state legislators approved the concealed carry law last summer, communities with home rule authority had only a small window of time to define and regulate assault weapons. Once that window closed July 19, the state law pre-empted home rule.
At least 16 local governments, including Cook County, approved new restrictions. Some communities, including Deerfield and Winnetka, approved ordinances regulating transportation and storage.
Highland Park approved an outright ban June 24. Later in the fall, the Highland Park City Council added exemptions to the ban for licensed citizens with guns considered to be "curios," or antiques, as per the ordinance, Elrod said.
Highland Park residents had until Dec. 14 to remove assault weapons from city limits, permanently modify them so they do not fall under the law's definition or surrender them to police for disposal. Violations are considered a misdemeanor, with penalties that could include up to six months in jail or a fine of $500 to $1,000.
Highland Park's definition of assault weapons closely mirrors that of Cook County's regulations, Elrod said. The Cook County ban is also being challenged in pending litigation in federal court, he said.
In adopting the ban, the City Council intends to prevent violence, he said.
"Recent tragedies in the U.S. made it clear to the council that gun violence is not limited to urban settings," Elrod said, "but can also happen in smaller towns and suburban settings as well."
gtrotter@tribune.com
Twitter @NorthShoreTrib
Arie Friedman, a Highland Park pediatrician, along with the Illinois State Rifle Association, filed suit against Highland Park on Dec. 12 in response to the city's new ban on assault weapons. Last summer, Highland Park was one of several Chicago suburbs that raced to enact municipal ordinances regulating or banning the use of assault weapons before the state's concealed carry law pre-empted home-rule authority.
Friedman, a Republican who lost a race for state Senate in November 2012, has requested an injunction against the ban, claiming the ordinance infringes upon his Second Amendment rights, according to the complaint.
On Thursday, Steven Elrod, Highland Park's attorney, requested that the case be removed from Lake County Circuit Court and taken before a federal judge.
"The City Council believes the ban is constitutional and wanted to provide maximum protection to its residents, visitors and property owners," Elrod said.
Friedman, who could not be reached, owns semi-automatic rifles prohibited by the ban, with magazines that hold more than 10 rounds of ammunition, which also are banned, according to the complaint.
"Dr. Friedman keeps and maintains the firearms and ammunition magazines described above for lawful purposes, including recreational target shooting and defense of his home and family," the complaint states.
Semi-automatic rifles and shotguns should not be defined as assault weapons, said Richard Pearson, executive director of the Illinois State Rifle Association, co-plaintiff in the suit.
"They're taking a common firearm and trying to ban it," Pearson said. "We oppose that."
After state legislators approved the concealed carry law last summer, communities with home rule authority had only a small window of time to define and regulate assault weapons. Once that window closed July 19, the state law pre-empted home rule.
At least 16 local governments, including Cook County, approved new restrictions. Some communities, including Deerfield and Winnetka, approved ordinances regulating transportation and storage.
Highland Park approved an outright ban June 24. Later in the fall, the Highland Park City Council added exemptions to the ban for licensed citizens with guns considered to be "curios," or antiques, as per the ordinance, Elrod said.
Highland Park residents had until Dec. 14 to remove assault weapons from city limits, permanently modify them so they do not fall under the law's definition or surrender them to police for disposal. Violations are considered a misdemeanor, with penalties that could include up to six months in jail or a fine of $500 to $1,000.
Highland Park's definition of assault weapons closely mirrors that of Cook County's regulations, Elrod said. The Cook County ban is also being challenged in pending litigation in federal court, he said.
In adopting the ban, the City Council intends to prevent violence, he said.
"Recent tragedies in the U.S. made it clear to the council that gun violence is not limited to urban settings," Elrod said, "but can also happen in smaller towns and suburban settings as well."
gtrotter@tribune.com
Twitter @NorthShoreTrib
No comments:
Post a Comment
Thank you for commenting.
Your comment will be held for approval by the blog owner.