Arie Friedman Sues City Over Assault Weapon Ban

A former Illinois State Senate candidate and Highland Park pediatrician is asking a court to declare Highland Park’s assault weapons ban unconstitutional and let him keep his guns banned under the law passed in June.

Arie Friedman of Highland Park and the Illinois State Rifle Association filed a complaint in Lake County Court Dec. 12 alleging Highland Park’s ordinance violates the Second Amendment of the United States Constitution.

The suit also asks the court to let Friedman keep guns and ammunition magazines he owns which are prohibited by the new law rather than surrender them to Highland Park Police Chief Paul Shafer, render them unusable or other requirements under the law.

Shortly after the case was filed, Highland Park City Attorney Steve Elrod had the litigation transferred to the United States District Court for the Northern District of Illinois in Chicago.

"We exercised our right to remove the case to federal court because we believe that the federal court is the most appropriate forum within which to resolve the sole issue in this case, which is a constitutional law question," Elrod said. "We also believe that the federal court system will allow for the most efficient, economic, and expeditious resolution to this litigation."

The first thing Elrod plans to do is respond to Friedman’s request for a preliminary injunction allowing him to keep a Smith & Wesson M & P rifle, a Springfield MIA rifle and magazines which hold more than 10 rounds of ammunition.

Friedman said in the Complaint he owns those items. Highland Park’s law requires owners of banned weapons to dispose of them by Dec. 14, two days after the lawsuit was filed making the timing critical.

“The ordinance went into effect on Dec. 14 and unless we are directed otherwise by a court we intend to enforce the ordinance,” Elrod said.

According to Elrod, Friedman and the Illinois State Rifle Association claim in their motion for a preliminary injunction the assault weapons ban is not appropriate in Highland Park because the City does not have a history of gun violence.

“The City Council and I do not read the law that way,” Elrod said. “Rather, the City has the right to act proactively; to prevent event the threat to the safety of its residents and visitors. Recent tragedies elsewhere in the United States made it clear to the Highland Park City Council that gun violence is not limited to urban settings, but could also occur in suburban locations as well."

No hearing date has been set by the court to determine the preliminary injunction, according to Elrod.

Neither Friedman not Brett Henne, the attorney who signed the complaint on behalf of Friedman, responded to Patch inquiries before this article was published.

After Illinois enacted conceal carry legislation in June, home rule municipalities like Highland Park had a short period of time to ban assault weapons of they wanted to do so. Highland Park is one of several towns that passed an ordinance.

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