Mark Smith of the Four Boxes Diner gives a good break down the oral arguments for DSSA’s temporary injunction appeal against the State’s semi-auto ad magazine ban laws held on March 11th before a three judge panel at the 3rd Circuit Court of Appeals.
DSSA Files for Injunction to Stop the State of Delaware’s Buy-Back Program
Today, DSSA has filed an opening brief in support of a Motion requesting the District Court to issue a Preliminary Injunction to halt enforcement of the various bans contained in House Bill 450 and Senate Substitute 1 for Senate Bill 6 on the basis that the Regulatory Scheme the State has created coerces the law-abiding citizens of Delaware into surrendering their commonly used and owned firearms and standard capacity magazines permanently, under the threat of criminal prosecution. DSSA also challenges the audacity of the State in scheduling the “buy-back” events weeks before the regulation becomes effective.
On June 30, 2022, Governor John Carney signed House Bill 450 into law, effectively and immediately banning a long list of commonly owned rifles, shotguns and pistols, pejoratively and inaccurately labeling those firearms as “assault weapons.” On that same day Governor Carney also signed Senate Substitute 1 for Senate Bill 6 (SS#1 for SB6) into law effectively banning most standard capacity rifle magazines and many standard capacity pistol magazines, erroneously labeling them “high capacity magazines”.
Both bills were vigorously opposed by the Delaware State Sportsmen’s Association (DSSA) in the General Assembly on the grounds that (1) they would do great harm to the financial and economic rights of a broad range of Delaware citizens; (2) they would do nothing to prevent violent crime; (3 they unnecessarily deprive honest citizens of the means to effectively defend themselves, their homes and their families from attack by violent criminal predators; and (4) they are patently unconstitutional under both Delaware’s Constitution and the United States Constitution.
On July 20, 2022, DSSA fulfilled the first part of our promise by filing suit in the United States District Court for the District of Delaware challenging the constitutionality of HB 450 seeking injunctive and declaratory relief. DSSA was joined in this action by the Bridgeville Rifle and Pistol Club, The Delaware Association of Federal Firearms Licensees, the Delaware Rifle and Pistol Club and several individual members of those organizations.
On September 9, 2022, DSSA and the other plaintiffs filed an Amended Compliant in which additional challenges were brought against Senate Substitute 1 for Senate Bill 6 (SS#1 for SB6), fulfilling DSSA’s commitment to its members and the people of the State of Delaware to challenge both of those ill-advised, emotionally-inspired, and patently unconstitutional legislative measures.
DSSA President Jeffrey W. Hague said of this action, “DSSA has been protecting and defending the rights of Delaware’s hunters, sportsmen and women, and law-abiding gun owners since 1968. This is not the first time we have challenged unconstitutional and illegal actions of government officials in court, and it will not be the last. We promised our members and the people of Delaware that if HB 450 or SS#1 for SB6 ever became law we would challenge those laws in court. Today we go step further and ask the District Court to enjoin the state from proceeding with unconstitutional measures.
A copy of the Motion for Preliminary Injunction filed today in U.S. District Court can be found HERE
State files Answer Semi-Auto and Magazine Ban
The State of Delaware has filed an Opening Brief in Support of Defendants’ Motion for Partial Dismissal of the Amended Complaint and a Motion for Partial Dismissal of the Amended Complaint (requesting that the judge dismiss 10 of the counts). From here, a Scheduling Order will be set and Discovery begins. Read below to see why the State erroneously believes the charges should be dismissed.
DSSA FILES COMPLAINT IN DELAWARE CHANCERY COURT OVER THE UNDER 21 BAN
Discrimination in any form or for any reason is deplorable and unacceptable in this modern day and age. Discrimination against a class of individuals, depriving them of God-given and constitutionally protected rights for political gain is downright despicable. But that is exactly what occurred when the majority of House and Senate Democrats conspired, aided and abetted by the Governor, to deprive young adults of their God-given and constitutionally protected right to defend themselves, their homes and their families through the passage of House Bill 451 while allowing other young adults already 18, 19, and 20 years of age to retain those very same rights.
Section 20 of the Delaware Bill of Rights clearly proclaims in no uncertain terms that “A person has the right to keep and bear arms for defense of self, family, home and State, and for hunting and recreation.” House Bill 451 clearly denies those rights to adult persons 18, 19 and 20 years of age and who had not reached their 18th birthday when the Governor signed the bill on June 30, 2022.
Today the Delaware State Sportsmen’s Association filed suit in the Delaware Court of Chancery seeking to vindicate those rights and to put an end to this invidious form of politically motivated age discrimination. Our suit seeks both injunctive and declaratory relief. DSSA was joined in this action by the Bridgeville Rifle and Pistol Club, and an individual adult member of both organizations.
DSSA President Jeffrey W. Hague said of this action, “DSSA has been protecting and defending the rights of Delaware’s hunters, sportsmen and women, and law-abiding gun owners since 1968. This is not the first time we have challenged unconstitutional and illegal actions of government officials in court, and it will not be the last. We promised our members and the people of Delaware that if HB 451 ever became law we would challenge that law in court and today we kept that promise.”
At the same time Governor Carney signed HB 451 into law he also signed into law Senate Substitute 1 for Senate Bill 6 and House Bill 450 into law. SS#1 for SB 6 bans the private ownership of standard capacity magazines except for certain privileged individuals and HB 450 bans the manufacture, importation, sale, possession and ownership of a long list of rifles, handguns and shotguns. DSSA has already challenged those measures in the U.S. District Court for the District of Delaware in a separate federal action.
When asked about House Bill 451 and the other two bills Mr. Hague stated “We kept our promise to challenge the unconstitutional conduct of the Delaware General Assembly and we will continue to do so. House Bill 451, House Bill 450 and Senate Substitute 1 for Senate Bill 6 are all blatantly unconstitutional. We are both duty and honor bound to protect the constitutional rights of our members and the people of Delaware, and we shall do so.”
A copy of the Complaint filed today in Delaware Chancery Court can be found here:
Preliminary injunction against the State of Delaware on “Ghost Gun Ban” granted by Court
In the case of Rigby, et. al. v. Kathy Jennings, regarding HB125, the “Ghost Gun Ban,” the court has granted a preliminary injunction:
“the four factors, considered as a whole, dictate granting preliminary relief, enjoining enforcement of §§ 1459A(b), 1463(a) and 1463(c)(1) as well as the portions of § 1463(b) that prohibit manufacturing or assembling untraceable firearms. See Reilly v. City of Harrisburg, 858 F.3d 173, 179 (3d Cir. 2017), as amended (June 26, 2017). The Court, however, denies Plaintiffs’ motion for permanent injunctive relief.”
And the Court has denied the State’s Motion to Dismiss Plaintiff’s First Amendment and Takings Claim.
“It is Defendant’s burden to justify a Second Amendment burden as longstanding and Defendant has not put forth any evidence to meet her burden. Accordingly, the Court finds that Plaintiffs have demonstrated a likelihood of success that those portions of § 1463(b) and § 1463(c)(1) that prohibit manufacturing untraceable firearms are unconstitutional.”
Opinion below: