DEERFIELD, IL — The judge presiding over an assault weapons ban lawsuit ruled that the ordinances Deerfield proposed in the ban were unenforceable and ended the case, according to reports. Daniel Easterday, who filed the first lawsuit challenging the proposed 2018 assault weapons ban, told Patch the judge granted a permanent injunction against the Village of Deerfield.

The judge said “The village was not legal in how they passed that ordinance and that it went against” the Illinois Concealed Carry Act, according to Easterday.

The village may appeal the decision, however.

“This unprecedented interpretation of state legislative action and intent make this case ripe for appeal,” the village said in a statement.

UPDATE: Village Appeals Judge’s Ruling Striking Down Assault Weapons Ban »

“We continue to believe that these weapons have no place in our community and that our common-sense assault weapon regulations are legal and were properly enacted. In the meantime, however, we will abide by the court’s ruling and continue to not enforce our Ordinance,” the statement read.

Deerfield Mayor Harriet Rosenthal in early 2018 had her staff draw up plans for a ban on assault weapons after the Feb. 14 shooting in Parkland, Florida.

“I believe the time has now come to revisit a complete ban of assault weapons,” Rosenthal said in 2018. “We hope that our local decision helps spur state and national leaders to take steps to make our communities safer.”

In June 2018, Associate Judge Luis Berrones found that Deerfield’s 2018 ordinance was unenforceable, that it was not an amendment of the village’s previous ordinance regulating assault-style firearms and that – contrary to the village’s repeated claims – its recent ban does not ban large-capacity magazines.

Easterday, a Deerfield resident who filed the first lawsuit challenging the ban, thanked the organizations who supported his case – the Illinois State Rifle Association and Second Amendment Foundation – for helping to put enforcement of the ordinance on hold.

The other lawsuit, pressed by the organization Guns Save Life, reiterated many points in Easterday’s suit, but adds that the Eminent Domain Act and the Illinois Constitution prevent the ban from being enforced because it does not include payment for these weapons.

The Illinois State Rifle Association said in a statement this is the 15th case they’ve won in a row, and called the opposition “gun grabbers.”

Full statement from Deerfield’s mayor and village board on the decision:

“The Village of Deerfield and our legal team are closely reviewing the ruling entered today and all options available, including the right to appeal the decision to the Illinois Appellate Court. On the positive side, the judge denied the plaintiff’s claims of a takings violation and of a wildlife statute violation. With respect to the remainder of the decision, it appears that the judge focused less on Deerfield’s actions and more on the actions of the Illinois State Legislature back in 2013. The judge took issue with the way in which the State Legislature drafted the State statute, and he read into the statute a complete preemption of home rule authority to regulate assault weapons. This unprecedented interpretation of State legislative action and intent make this case ripe for appeal. We are thankful for the continued pro bono services provided by the Brady Center to Prevent Gun Violence and Mr. Christopher Wilson, partner of the Chicago office of Perkins Coie. We continue to believe that these weapons have no place in our community and that our common-sense assault weapon regulations are legal and were properly enacted. In the meantime, however, we will abide by the court’s ruling and continue to not enforce our Ordinance.”

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