Easterday v. Village of Deerfield

(Court opinion corrected 12/7/20.)  In 2013, Village, which is a home rule unit, enacted ordinance which regulated storage and transportation of assault weapons within the village. In 2018, Village enacted 2 ordinances which were a total civilian ban on assault weapons and large capacity magazines. Court granted summary judgment for Plaintiffs, and permanently enjoined Village from enforcing these ordinances. Section 13.1 of FOID Card Act does not preempt all regulation of assault weapons by home rule units. Village, in its 2013 ordinance, regulated possession and ownership of assault weapons in a manner inconsistent with FOID Card Act, thus preserving its power to regulate assault weapons concurrently with the State. Village's 2018 ordinances were amendments to the 2013 ordinance, as allowed by section 13.1(c) of FOID Card Act. Village's ban of large capacity magazines, to extend that it regulates ammunition for handguns, is preempted in its application to holders of valid FOID cards and concealed carry licenses by section 13.1(b) of FOID Card Act and section 90 of Concealed Carry Act. Appellate Court is without jurisdiction to consider claims that ordinances are preempted by Wildlife Code. Permanent injunctions are vacated except that Village is prohibited from enforcing regulation banning large capacity magazines, as to regulation of ammunition for handguns, against persons who hold valid FOID cards or concealed carry licenses. (HUDSON, concurring; McLAREN, concurring in part and dissenting in part.)