In an effort to reverse a lower court ruling upholding Delaware's assault weapons ban along with other firearms control measures, gun rights advocates have turned to federal courts.
The new gun control legislation prohibits the possession of a wide variety of assault weapons, raises the minimum age to buy guns from 18 to 21, and imposes stricter background check requirements and limits on large-capacity magazines.
These laws were established by the Democratic-controlled legislature after multiple mass shootings.
Blocking Delaware From Adopting HB 450
A preliminary injunction preventing Delaware from implementing HB 450 was requested by the Delaware State Sportsmen's Association (DSSA) and other organizations in late March but was refused by US District Court Judge Richard Andrews. HB 450 is a statewide ban on certain semiautomatic rifles, handguns, and ammunition magazines.
Although large-capacity magazine firearms are in common use for self-defense, former Obama appointee Andrews determined that Delaware's prohibition was in line with previous restrictions on weapons like bowie knives, billy clubs, and machine guns.
Nonetheless, pro-gun organizations have taken their case to a three-judge panel at the Third Circuit Court of Appeals.
Is This Denying Law-Abiding Citizens a Constitutional Right?
According to Fox News, advocacy groups claimed that the state of Delaware's regulatory framework violates the rights of law-abiding individuals by making it illegal for residents to own certain types of weapons, including semiautomatic pistols, long guns, and ammunition magazines that can store more than 17 rounds of ammunition.
DSSA attorneys argued in an 86-page brief, "These arms are undeniably in common use for lawful purposes by law-abiding persons."
The organization asserted that there is no precedent for prohibiting weapons commonly used by law-abiding persons for authorized reasons, referring to the Supreme Court's landmark decision in New York State Rifle & Pistol Association, Inc. v. Bruen.
"The District Court was not faithful to Heller and Bruen. Instead, the District Court upheld the Regulatory Scheme by invoking false historical analogs that bore no resemblance to the Regulatory Scheme and by engaging in improper interest-balancing under the guise of inapplicable 'unprecedented societal concerns' and 'dramatic technological changes.' The Regulatory Scheme violates the Second Amendment."
Democratic governor John Carney signed HB 450 into law a week after the Bruen decision was handed down by the Supreme Court.
Following the passage of HB 450, DSSA filed a lawsuit against the state, claiming the prohibition "flouts" the Second Amendment rights of Delaware residents and conflicts with the Delaware Constitution, which guarantees the freedom to possess and carry weapons.
According to the organization, it is now illegal for law-abiding residents in Delaware to exercise their constitutional right to keep and bear arms because the state has "criminalized possession, transportation, and sale of common firearms used by law-abiding citizens for lawful purposes - mislabeling them as 'assault weapons.'"
The appeal to the Third Circuit was filed after organizations like the Firearms Policy Coalition (FPC), the Second Amendment Foundation, and others filed challenges to the prohibition with identical arguments.
