Naperville police chief added to lawsuit to prevent enforcement of city, state gun sale bans
A gun shop owner suing Naperville over an ordinance banning the sale of certain high-powered rifles weapons is now asking a federal judge to prohibit the city's police chief from enforcing the city law and a new state law.
Robert Bevis, owner of Law Weapons and Supply in Naperville, and the National Association for Gun Rights filed the motion Tuesday in the U.S. District Court for the Northern District of Illinois.
The plaintiffs' motion, in addition to maintaining the original request to declare Naperville's law unconstitutional, asks the judge to prohibit Police Chief Jason Arres from enforcing the sales ban.
Naperville's ordinance, which was set to go into effect on Jan. 1, is being delayed until a judge rules on a request for a temporary restraining order.
The amended lawsuit also asks that Arres not enforce the state's weapons ban, which went into effect on Jan. 10.
"Arres has the duty to see to the enforcement of all applicable laws, including the (gun sales ordinance) and the state law," information in the amended lawsuit states. "Thus, Arres is or will deprive plaintiffs of their constitutional rights by enforcing these unconstitutional laws against them."
On Wednesday, Naperville City Attorney Mike DiSanto said the amended lawsuit targets the wrong subjects.
"It's the city's position that neither the city nor Chief Arres are the appropriate parties to defend the state's new law," DiSanto said. "If the plaintiffs have an objection to the state law, they should take it up directly with the state."
Representatives for the city, meanwhile, filed a motion to have their case consolidated with similar lawsuits against Highland Park and Cook County. The motion, filed on Jan. 19, asks for the case to be shifted to Judge Rebecca Pallmeyer so all three cases can be heard by the same judge in the Northern District of Illinois.
The Naperville City Council passed an ordinance in August prohibiting the sale of certain high-powered rifles within city limits except for sales to law enforcement officers. The exception also applies to the U.S. military, including the Illinois National Guard.
The city's law affects two gun shops - Law Weapons and Supply, and Range USA - and some other businesses, including pawnshops. Private sales of the weapons are not prohibited, and residents are not blocked from owning them.
The broader state law makes it illegal to sell or purchase certain weapons, attachments and cartridges, with similar exceptions for law enforcement and military personnel. Current owners of banned weapons are allowed to keep them, but the guns must be registered with the Illinois State Police.