Ultimate magazine theme for WordPress.

Judge could stop Naperville assault rifle ban from starting Jan. 1

The National Association for Gun Rights, acting on behalf of a Naperville gun shop owner, is seeking a court order to stop Naperville’s ban on assault rifle sales from going into effect Jan. 1.

Lawyers for the gun rights group Monday asked US District Judge Virginia Kendall to issue a temporary restraining order and a preliminary injunction on the ordinance until the case seeking to overturn it can be heard in court.

The Naperville City Council voted 8-1 in August to prohibit the sale of weapons similar to those used in mass shootings this year at Highland Park; Uvalde, Texas; and Buffalo, New York.

It will apply to Naperville’s two gun stores, Range USA Naperville on Frontenac Court and Law Weapons & Supply on North Aurora Road, and to any licensed firearms dealers in the city. Private transfers and private sales are not affected.

Robert Bevis, owner of Law Weapons & Supply, and the National Association for Gun Rights filed a federal lawsuit in September, saying the city’s ban on the sale of assault rifles is “unconstitutional” and should be overturned.

Monday’s court action seeks a temporary restraining order to prevent the ban from going into effect Jan. 1, and the preliminary injunction would until the lawsuit is banned.

“We are aware of the court filings and anticipated that there would be legal challenges, but at this point we do not have any comment,” said Linda LaCloche, director of communications for the city.

Dudley Brown, President of the National Association for Gun Rights, said in a statement that the court action is meant to protect residents’ rights — and those of the gun shops — until the issue can be settled in court.

“We’re filing this motion for temporary restraining order to stop the city of Naperville from putting NAGR member Robert Bevis out of business by trampling on his Second Amendment rights,” Dudley Brown, president of the National Association for Gun Rights, said in a statements.

“Under the Second Amendment and the Supreme Court’s Bruen ruling, the city doesn’t have a leg to stand on and we look forward to stopping their outrageous schemes in court,” he said.

According to legal documents filed Friday, Bevis and the gun rights group contend the “assault rifle” used in the city’s code is not a technical term used in the firearms industry or community for firearms commonly available to civilians.

The legal filing calls it a rhetorically charged political term “meant to stir the emotions of the public against those persons who choose to exercise their constitutional right to possess certain semi-automatic firearms that are commonly owned by millions of law-abiding American citizens for lawful purposes.”

Brown said a federal judge granted a restraining order in a Colorado case challenging a similar gun ban, “so we’re optimistic that this court will agree to put a hold on this gun control ordinance too.”

[email protected]

Comments are closed.