Village's Assault Weapon Ban Upheld By Illinois Supreme Court
We previously reported on Municipal Minute about an Illinois appellate court decision involving a challenge to the Village of Deerfield, Illinois assault weapon ban. The appellate court had ruled in favor of the Village, upholding the Village's assault weapon ban ordinance. That decision was appealed to the Illinois Supreme Court, which issued its ruling last week. As a result of a divided Illinois Supreme Court, the appellate court's ruling in favor of the Village was affirmed.
The Illinois Supreme Court opinion is set out in full below:
In this case, one Justice of this court has recused himself, and the remaining members of the court are divided so that it is not possible to secure the constitutionally required concurrence of four judges for a decision (see Ill. Const. 1970, art. VI, § 3). Accordingly, the appeal is dismissed. The effect of this dismissal is the same as an affirmance by an equally divided court of the decision under review but is of no precedential value. See Perlman v. First National Bank of Chicago, 60 Ill. 2d 529, 530 (1975).
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