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Illinois Supreme Court rules gun cases that have more problems to solve | Illinois

SPRINGFIELD, Illinois – The Illinois Supreme Court failed to obtain constitutional approval in a case contesting Deerfield’s prohibition on certain types of rifles.

Deerfield passed an ordinance in 2013 to regulate certain types of guns. Then in 2018 it amended the ordinance to ban what the ordinance defined as offensive weapons.

After years of litigation and a divided lower court ruling, the Illinois Supreme Court said in a unilateral statement released Thursday, with one judge himself withdrawing, the remainder was evenly divided.

“Accordingly, the appeal is dismissed,” it says in the statement.

Judge Michael Burke did not participate in the statement.

State Rep. Bob Morgan, D-Deerfield, said in a statement the finding confirms local communities have the ability to control the guns in their community.

“Today is a great day for Deerfield,” said Morgan. “It makes Deerfield safer and is a community asset.”

Guns Save Life founder John Boch said the lower court ruling was split on the Deerfield case.

“Bob Morgan lost in the magazine ban,” Boch told WMAY. “He wanted to reinstate the magazine ban and that didn’t happen.”

On the question of whether the ruling allows other municipalities to restrict the types of firearms, Boch said that the window was already closed from the 2013 law on concealed carry.

“I think it will be a challenge for everyone else to do this,” said Boch.

“Deerfield had already made a change and they changed a changed regulation.”

Boch did not believe that there was any political capital in the Illinois Statehouse to ban what he called America’s most popular rifle.

A separate case ruled by the Supreme Court on Thursday deals with the gun owner’s ID, but this case only affects a person’s revoked FOID card.

The court ordered the Illinois State Police to issue Thomas Brown with a FOID card after it revoked it in 2013. Brown pleaded guilty to a domestic violence crime in California in 2001. But the court said, “Brown met all of the requirements,” and upheld the verdict, which instructs the ISP to issue a FOID card to Brown.

After the Illinois Supreme Court abolished Cook County’s gun and ammunition tax last month and the county board reintroduced the tax with a few changes, plaintiffs are now filing for more lawsuits.

Cook County said its new ordinance, which levies an ammunition tax of $ 25 per gun and up to one nickel per round, will allay the court’s concerns by channeling the tax revenue into certain anti-violence programs.

Plaintiffs in the case petitioned the Illinois Supreme Court to reconsider constitutional issues and suspend collection of the revised tax pending resolution.

Boch said it was asking for further measures.

“A class action lawsuit has been filed to compel Cook County to reimburse the millions of dollars it raised in the unconstitutional tax during the early years of its enforcement,” Boch said.

The county did not immediately respond to a request for comment.

The new tax will flow into the Special Purpose Fund for Equity and Inclusion to directly finance the Justice Advisory Council’s programs for the prevention of gun violence.

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