DE Magazine Ban

[wpage]

That what REALLY frosts me. They're using our money to defend the indefensible.

Its a problem. Why should tax payers pay for anti constitutional gambits... Seems unfair.

 

[adit]

Delay, delay, delay. They'll lose, eventually.

Federal court upholds Delaware assault weapon ban​

Preliminary injunction denied pending court order
Melissa Steele
March 30, 2023



A federal judge upheld Delaware’s ban on assault weapons and large-capacity magazines in an opinion issued March 27, pending a future court order.
Following Delaware’s passage of legislation that banned those items, the Delaware State Sportsmen’s Association and other individuals filed lawsuits claiming, for the most part, a violation of the Second Amendment right to bear arms. In particular, the lawsuit stated that assault weapons and large-capacity magazines were "in common use" for self-defense, and plaintiffs sought a preliminary injunction against Delaware’s laws.
U.S. District Court for the District of Delaware Judge Richard G. Andrews denied the injunction in his 31-page opinion.
“I find that the [large-capacity magazine] and assault long gun prohibitions of [the Delaware laws] are consistent with the nation's historical tradition of firearm regulation. Plaintiffs have therefore failed to demonstrate a likelihood of success on the merits of their Second Amendment claim,” he wrote.
Andrews found that the plaintiffs failed to meet their burden of establishing likelihood of success on the merits and irreparable harm, noting that Delaware gun owners “retain ample effective alternatives” to assault weapons and large-capacity magazines for self defense. The court also found that historical analysis supports ongoing enactment of the bans, noting that assault weapons and large-capacity magazines “implicate technological change and unprecedented societal concerns for public safety.”
Attorney General Kathleen Jennings applauded the court’s decision.
“This week’s heartbreaking massacre in Nashville, including the murder of three children, underscores what’s at stake here,” Jennings said in a statement. “The list of mass shooters using AR-15s and similar weapons to murder innocents, including children, continues to grow. Gun violence has now surpassed car accidents as the leading cause of death for children in this country. And yet the gun lobby fights harder by the day to protect profits over people. No reasonable mind believes that this is what the founders intended.”
Under the court’s opinion, Delaware’s assault weapons ban and large-capacity magazine ban will remain in effect until an appropriate order by the court is issued. A trial by plaintiffs challenging the bans is set for Nov. 13.

Federal court upholds Delaware assault weapon ban

A federal judge upheld Delaware’s ban on assault weapons and large-capacity magazines in an opinion issued March 27, pending a future court order. Following Delaware’s passage of legislation that banned those items, the Delaware State Sportsmen’s...

www.capegazette.com

 

[DEVE]

Delay, delay, delay. They'll lose, eventually.

Federal court upholds Delaware assault weapon ban

A federal judge upheld Delaware’s ban on assault weapons and large-capacity magazines in an opinion issued March 27, pending a future court order. Following Delaware’s passage of legislation that banned those items, the Delaware State Sportsmen’s...

www.capegazette.com

This judge is a &#@*$;% joke. Their opinion makes that much perfectly clear.

 

[delaware_export]

Just for my clarification: am I correct?

the case is still active and proceeding, but the law was just NOT put on hold while things drag on?

 

[adit]

Just for my clarification: am I correct?

the case is still active and proceeding, but the law was just NOT put on hold while things drag on?

Yes. The trial is set for November 13, 2023.

He only denied the P.I.

 

[85MikeTPI]

Yes. The trial is set for November 13, 2023.

He only denied the P.I.

I'm sure you mis-gendered it/they/them/ass ..

 

[cyberalex]

Do you have to have a carry permit issued by Delaware to be exempt from the ban, or just any carry permit?

 

[coinboy]

Do you have to have a carry permit issued by Delaware to be exempt from the ban, or just any carry permit?

I'm not a lawyer however I believe the simple answer is yes. It has to be a Delaware permit.

https://delcode.delaware.gov/title11/c005/sc07/#1466

 

[cyberalex]

I'm not a lawyer however I believe the simple answer is yes. It has to be a Delaware permit.

https://delcode.delaware.gov/title11/c005/sc07/#1466

View attachment 413602

That's pathetic. All for the money. It's somehow a problem for gun controllers in Delaware to allow all carry permit holders to purchase magazines of any capacity. However, I don't support it in that I don't treat people differently because they came from a different state. So much for "public safety"

 

[DEVE]

That's pathetic. All for the money. It's somehow a problem for gun controllers in Delaware to allow all carry permit holders to purchase magazines of any capacity. However, I don't support it in that I don't treat people differently because they came from a different state. So much for "public safety"

None of this has anything to do with safety.
It’s just about control.

 

[adit]

SAF FILES APPEAL BRIEF IN CHALLENGE OF DELAWARE GUN, MAGAZINE BAN​

July 6, 2023
BELLEVUE, WA – Attorneys representing the Second Amendment Foundation and its partners in a challenge of Delaware’s ban on so-called “assault weapons” and “large capacity magazines” have filed a brief with the U.S. Third District Court of Appeals in a consolidation of cases.

SAF is involved in two of the three cases, known as Graham v. Jennings and Gray v. Jennings. The appeal brief focuses on three questions: Whether Delaware’s ban on commonly-possessed rifles, mischaracterized as “assault rifles” and the ban on “large capacity magazines” violates the Second Amendment, and whether the District Court erred in refusing to grant a preliminary injunction in both cases.

SAF and its fellow plaintiffs are represented by attorneys Bradley P. Lehman at Gellert Scali Busenkell & Brown in Wilmington, Del., and David H Thompson, Peter A. Patterson and John D. Ohlendorf at Cooper & Kirk in Washington, D.C.

Other plaintiffs are Firearms Policy Coalition, DJJAMS LLC and individual citizens Owen Stevens and Christopher Graham, William Taylor and Gabriel Gray.

“Delaware has banned the most popular rifle in the country, along with the standard-capacity magazines supplied by manufacturers to consumers in most other states,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “The laws being challenged have literally criminalized ownership of these popular arms and the magazines supplied with them, essentially jeopardizing an act of self-defense if it involves one of the affected firearms or magazines.”

“Each day these laws remain in effect,” added SAF Executive Director Adam Kraut, “means one more day when Delaware citizens are deprived of their rights. The semiautomatic firearms and ammunition magazines banned by Delaware are in common use for lawful purposes, and the State cannot show that they fall within ‘the historical tradition’ of restricting ‘dangerous and unusual weapons.’ Because of this, we’re asking the court to reverse the District Court’s order and remand the case with instructions to preliminarily enjoin the state’s ban on both the rifles and the magazines.”

SAF FILES APPEAL BRIEF IN CHALLENGE OF DELAWARE GUN, MAGAZINE BAN - Second Amendment Foundation

BELLEVUE, WA – Attorneys representing the Second Amendment Foundation and its partners in a challenge of Delaware’s ban on so-called “assault weapons” and “large capacity magazines” have filed a brief with the U.S. Third District Court of Appeals in a consolidation of cases. SAF is involved in...

www.saf.org

 

[seankar]

I'll bet a doughnut you aren't wrong about this.

I'll take that donut cause it was reported in the Wilmington news urinal(Journal but my version of the name is truer!)

 

[Vile Shadow]

How much of a chore is it to get a CC permit in DE?

 

[6-Pack]

How much of a chore is it to get a CC permit in DE?

If you’re a non-resident, it’s essentially “may issue” and won’t happen.

 

[Vile Shadow]

If you’re a non-resident, it’s essentially “may issue” and won’t happen.

How bout if you are a resident?

 

[Lafayette]

How much of a chore is it to get a CC permit in DE?

Delaware NR licenses are only good for a temporary period (think a few months) and you have to apply directly to the Delaware Secretary of State. If you are a non-resident, it’s probably easier to get a Florida license as DE recognizes those.

If you are a resident you are required to have a Delaware CCW license, and they are a pain in the ass to get from what I know.

Concealed Deadly Weapons - Superior Court - Delaware Courts - State of Delaware

Superior Court is responsible for granting 'Concealed Deadly Weapon Permits' in Delaware after the Attorney General's Office investigates and recommends the application. View the Procedural Rules and the Delaware Code that govern weapons.

courts.delaware.gov

 

[adit]

If you’re a non-resident, it’s essentially “may issue” and won’t happen.

DE is declared "may issue".

The AG's office has confirmed that there have been no NR permits issued recently.

FWIW DE is open carry, including hand guns.

How bout if you are a resident?

Clean record and you are basically guaranteed to get one. How long it takes depends on which county you live in. Several hoops to jump through as well, all outlined in the application.

https://courts.delaware.gov/forms/download.aspx?ID=33278

If you have a permit from another state, the following are accepted for non-residents. https://attorneygeneral.delaware.gov/criminal/concealed-carry-deadly-weapons-ccdw/#single-collapse-0

 

[Bigsawer]

If you’re a non-resident, it’s essentially “may issue” and won’t happen.

This is why everyone on the Eastern Shore gets a Utah Nonresident. You're covered.

 

[wpage]

The ever changing world of de jur 2nd amendment violations by tyrants. We peons will do our best to keep up with the latest notions of legislators to please themselves. So what is it today, 5 rounds, 10 rounds, 15 rounds not 30 anymore?. It must be a game the magazine manufacture's enjoys.

Whats next a single shot rule? How is Hunter B. doing with his gun disposal in the school zone deal?

 

[Biggfoot44]

Currently 17 rounds .