Batavia council not pursuing ban on sale of high-powered weapons

Batavia won’t be prohibiting the sale of high-powered weapons and high-capacity ammunition magazines, such as the AR-15-style rifle used in the July 4 mass shooting in Highland Park.

Aldermen discussed the idea during a July 26 committee meeting at the request of resident Bill McGrath, who used to be the city’s administrator.

The city’s attorney, Kevin Drendel, told the council that he believed Batavia does not have the authority to ban the sales. He said state lawmakers in 2013 removed the ability of municipalities to enact ordinances regulating weapons and ammunition -- even from towns that have home-rule power, such as Batavia.

Whether Batavia could ban some gun sales by amending an existing 1972 ordinance requiring people to have a license for concealed carry is iffy, according to Drendel.

“I’m not foreclosing that there may be some creative argument (that) could be made,” Drendel said.

But he said gun-ownership rights advocates would probably challenge a ban in court. When Mayor Jeff Schielke asked how much it could cost the city to defend itself, Drendel estimated it would be several hundred thousand dollars.

“Let Naperville take the buck on that one,” Alderman Chris Solfa said.

The Naperville City Council is scheduled to vote on a ban on Aug. 16. Naperville’s lawyers don’t believe the state law prohibits the city from regulating sales.

But Alderman Leah Leman said the decision shouldn’t be based on finances.

“If this is something the council wants to do, money shouldn’t be the topic here,” she said.

“I think that there are other ways we can try going about to solve this (mass shootings) other than putting ourselves in a legal test position,” Alderman Alan Wolff said. He suggested organizing with other communities to lobby the state about a possible ban.

Gun owner Brian Nallenweg, a retired Batavia police officer, spoke against a ban.

“We are not the problem. Please don’t punish us,” he said. “If you ban the sale of firearms and/or ammunition, that opens the door wide open, the next thing you will want to ban the possession.”

https://www.dailyherald.com/news/20220803/batavia-council-not-pursuing-ban-on-sale-of-high-powered-weapons