PRESS ANNOUNCEMENT
For Immediate Release – September 9, 2022
DELAWARE STATE SPORTSMEN’S ASSOIATION, INC.
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DSSA ADDS CARNEY’S MAGAZINE BAN TO ITS FEDERAL RIFLE BAN LAWSUIT
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.
During the debates in the Delaware General Assembly, DSSA promised to protect and defend the rights of its members and the citizens of the State of Delaware by seeking redress in the courts if necessary. On July 20, 2022 fulfilled the first leg of that 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.
Today, 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.
Specifically, the Amended Complaint calls for HB 450 and SS#1 for SB 6 to be declared violative of not only the individual citizen’s constitutional right to keep and bear arms guaranteed by both the Delaware and United States constitutions, but numerous other constitutional provisions as well, including the Commerce Clause, the Due Process Clause, the Equal Protection Clause and the “takings” clauses of both the Delaware and United States Constitutions. The Amended Compliant is extensive and consists of a total of ninety-nine (99) pages in length consisting of a total of fourteen (14) Counts, supported by an additional six (6) individual Exhibits.
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 kept the second leg of that promise.”
At the same time Governor Carney signed HB 450 and SS#1 for SB 6 into law, he also signed into law House Bill 451. HB 451 bans the possession and ownership of rifles and handguns by otherwise qualified adults 18, 19 and 20 years of age who had not reached their 18th birthday on June 30, 2022. DSSA has promised to challenge that measure in court as well.
When asked about HB 451, Mr. Hague stated “We have kept our promises on HB 450 and SS#1 for SB6, and we will keep our promise on HB 451 as well. 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 Amended Complaint filed today in U.S. District Court Is available by clicking HERE.
Mr. Hague may be contacted at:
302-381-5628 or Jeff.Hague@dssa.us