Following a lower court's decision to uphold Delaware's ban on "assault weapons" and related gun control measures, gun rights organizations have escalated their legal battle by appealing to federal judges. In March, U.S. District Judge Richard Andrews rejected a plea for a preliminary injunction against the enforcement of HB 450, a law prohibiting specific semi-automatic firearms and high-capacity magazines. Judge Andrews, an Obama appointee, acknowledged the common use of these firearms for self-defense but argued that the ban aligned with historical regulations on weapons like bowie knives and machine guns.
The gun rights advocates have now taken their case to the Third Circuit Court of Appeals, contending that Delaware's regulations infringe upon Second Amendment rights by broadly prohibiting a class of firearms frequently used by law-abiding citizens. In their appeal, the Delaware Sportsmen's Association (DSSA) and other groups cited the Supreme Court's New York State Rifle & Pistol Association, Inc. v. Bruen decision, emphasizing the absence of a historical precedent for banning commonly used firearms.
The DSSA argues that Judge Andrews misapplied the precedents set by Heller and Bruen, relying on inappropriate historical comparisons and improperly balancing interests. HB 450, signed into law by Governor John Carney last year shortly after the Bruen decision, bans numerous semi-automatic weapons, raises the firearm purchase age to 21, enhances background checks, and restricts high-capacity magazines.
The Democrat-led legislature enacted these restrictions in response to mass shootings, including the Uvalde, Texas elementary school tragedy. The DSSA, affiliated with the National Rifle Association, filed suit against Delaware, arguing that the ban violates both the Second Amendment and the Delaware Constitution's protection of the right to bear arms. They maintain that the state has wrongly criminalized the possession of commonly used firearms by labeling them as "assault weapons."
The Firearms Policy Coalition (FPC), Second Amendment Foundation, and other organizations have joined the legal fight, filing similar challenges now consolidated within the appeal to the Third Circuit. These groups have initiated numerous lawsuits nationwide contesting firearm restrictions following the Bruen decision, which overturned a New York law requiring "proper cause" for concealed carry permits. The FPC expressed confidence in the Third Circuit's ability to rectify the district court's error, while the Delaware Attorney General's office has not yet commented on the appeal.
