Several local residents and members of the National Association for Gun Rights made pleas to newly elected Naperville City Council members Tuesday to drop the city’s assault rifles sales ban being challenged in federal court.
The public comments came one day after U.S. Supreme Court Justice Amy Coney Barrett gave the city of Naperville until Monday to respond to an emergency injunction request filed by the gun rights association and a Naperville gun shop owner, who jointly filed a lawsuit to overturn the ban as unconstitutional.
Robert Bevis, owner of Law Weapons & Supply, says the ban is putting him out of business and wants it temporarily lifted until the case is settled in court. A federal judge refused to overturn the ban in February and now the case is working its way through the federal appellate court.
“We will not stop until this ordinance is defeated and the cost in damages are paid in full,” Bevis said to council members. “It would be in the best interest of Naperville to take immediate action to mitigate the harm to its reputation and to the taxpayer’s financial security.”
A few residents also urged the council to drop the local ordinance and instead fall back on the statewide ban enacted in January, which also is being challenged in court.
With the April election, there is a new mayor and three new council members, none of whom voted on the assault weapons ordinance.
The federal court ruling in February allowed Naperville to begin enforcing its assault rifles sales ban, which Bevis and the association say is unfair because his is the only business being affected by the ordinance.
The Illinois ban on the sale of some high-powered semi-automatic firearms and high-capacity ammunition magazines is not currently being enforced because a downstate judge struck down the new law. The Illinois Supreme Court will take up the state’s appeal during its May term.
Hannah Hill, research and policy director for the National Foundation for Gun Rights, said Naperville is in the unique position of having a duplicate law on its books, forcing attorneys to double their efforts.
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“Let Illinois carry the burden of defending this unconstitutional policy,” Hill said. “Let Illinois carry the financial risk of defending a law that is going to get struck down in court. Get off Mr. Bevis’ back, stop targeting him unjustly and let him operate on the same footing as every other gun store in Illinois.”
Naperville resident Dianne McGuire said she supports the ban and reminded council members that many of them campaigned on the message of prioritizing public safety.
“Let’s stay on track,” McGuire said. “It’s what our community wants.”
City council members did not respond to the comments and earlier this week, the city issued a statement in response to the Coney Barrett’s request that the city respond by Monday on Bevis’ injunction request.
“Throughout this process, we expected ongoing legal challenges and appeals,” city spokeswoman Linda LaCloche said. “The city is prepared to continue to defend its ordinance, which is designed to protect the health and safety of our community.”
Chicago Tribune reporter Robert McCoppin contributed.
