SCOTUS & CCW in DE

[DEVE]

If anyone is interested we could have a get together here in DE, put some faces to the names. It seems most people here in DE are in the South.

Something later in July/August would work for me. Maybe make it an OC (not Ocean City) event if possible.

I’m just outside Smyrna, so I’m likely further north than you. I have no issue driving anywhere though.

Those references for the ccw permit have to be from the same county don’t they?

 

[adit]

They do. Anything a reference has to say is Subjective. I think that they are out the door, or on their way.

It may take a lawsuit, or threat of one, for the change to occur.

 

[BartExp]

I think we are within 5 minutes of each other. I'm off Windmill.

Yep, close. I'm over near Camp Barnes/Bayard.

 

[radnor]

I'm in NCC

 

[Michigander08]

It will be a sad day for Delaware. Well, keep voting Democrats. You know some people who get the welfare checks will always vote Democrats.

 

[adit]

None of these have been signed by the Gov yet.

HB450 - Challangeable just as MD is - when, who knows? - Assault Weapons Ban
HB451 - Challangeable Tabled (6/16/2022) in the Senate (for now) - 21 to Purchase Req. - Senate Floor 6/28/22
HB423 - Makes DSP SBI (like MSP in MD) Point of Contact for NICS - No Idea WTF the Republicans were thinking, all voted for it - Haven't read enough to see if it is challangeable
HB253 - Not Challangeable - Redefines "Firearm" in DE, removes BB Guns, Adds MD's Starter Pistol BS - Out of Committee 6/15/2022
SB6 - Challangeable - 17+ Mag Ban
SB8 - probably not challangeable until FOPA/GCA goes away - "glock switches/auto sears" (Machine guns are already prohibited in DE) House Floor 6/28/22
SB302 - Challangeable - Gun Store Liability BS - House Floor 6/28/22


Added links to legislation above.

SB1 is DE FMLA BS, already signed by Gov on 5/10/2022 - not 2A related. Were you thinking of another bill?

IANAL

All of these bills (passed both chambers and) were signed yesterday, 6/30/2022.

 

[babalou]

Blaming manufacturers? Loozer

 

[Michigander08]

Per DSSA:

The Delaware State Sportsmen’s Association finds it extremely unfortunate that the General Assembly and Governor John Carney have taken these draconian steps that will do nothing but infringe on the constitutional rights of law abiding sportsmen and women of Delaware. These measures that have been signed into law will do nothing to reduce the incidents of violence in Delaware. As we have tirelessly said throughout this process, criminals do not obey the law and will continue to do so.

With the exception of the FTAP law, which was drafted several years ago by the DSSA for Senator Gerald Hocker, and which could not get a hearing until this year because it was not a Democratic bill, all the legislation is completely one sided. There was no input from anyone other than the Democratic leadership. There was no real opportunity for public comment. All this has taken place in less than 30 days. The speed with which these bills were railroaded through the General Assembly points out that with one party in control, it is extremely easy to shut out public input and pass legislation that has not been thoroughly discussed by all parties.

With the stroke of a pen the Governor and the Democrats in the General Assembly have succeeded in making thousands of Delawareans criminals overnight. With all these bills going into effect with the Governor’s signature, with the exception of the magazine capacity ban, no gun owner will be safe from prosecution.

These pieces of legislation demonstrate that the Democratic party is determined to disarm every citizen in Delaware and put every business that sells firearms out of business. There is no “common sense or gun safety” aspect to these bills. They are simply an effort to circumvent our Bill of Rights which guarantees all Delawareans the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use. Those rights have been conveniently forgotten by the Democrats in the Legislature and the Governor.

However, DSSA has not forgotten our Constitutional rights. Rest assured, DSSA is committed to fighting these unconstitutional pieces of legislation in court. Legal action will be forthcoming as soon as practicable. Our attorneys are already preparing to fight these bills in court. DSSA will defend the citizens of Delaware and their Constitutional rights. It will not be easy, but we will not shy away from the challenges that lie ahead.

We ask that you join us in this fight, not only in the courts but also in November by voting only for those candidates that will promise to fight for our rights. Only by replacing those who would continue to violate our rights in the General Assembly can we guarantee that law abiding citizens of this state will not become second class members of the state.

 

[adit]

None of these have been signed by the Gov yet.

HB450 - Challangeable just as MD is - when, who knows? - Assault Weapons Ban
HB451 - Challangeable Tabled (6/16/2022) in the Senate (for now) - 21 to Purchase Req. - Senate Floor 6/28/22
HB423 - Makes DSP SBI (like MSP in MD) Point of Contact for NICS - No Idea WTF the Republicans were thinking, all voted for it - Haven't read enough to see if it is challangeable
HB253 - Not Challangeable - Redefines "Firearm" in DE, removes BB Guns, Adds MD's Starter Pistol BS - Out of Committee 6/15/2022
SB6 - Challangeable - 17+ Mag Ban
SB8 - probably not challangeable until FOPA/GCA goes away - "glock switches/auto sears" (Machine guns are already prohibited in DE) House Floor 6/28/22
SB302 - Challangeable - Gun Store Liability BS - House Floor 6/28/22


Added links to legislation above.

SB1 is DE FMLA BS, already signed by Gov on 5/10/2022 - not 2A related. Were you thinking of another bill?

IANAL

All of these bills (passed both chambers and) were signed yesterday, 6/30/2022.

DSSA filed suit against HB451 (denies gun ownership to 18-20 year olds) in DE Court of Chancery yesterday.

A copy of the complaint can be downloaded here: https://files.constantcontact.com/b7141e40301/6ab64e71-f53d-4b26-bcdb-4c6483c09680.pdf

More info here on dssa.us : https://dssa.us/hb451/

 

[adit]

Chancery Court dismisses suit (filed 11/1/22) against HB451 on 11/16/22 based on jurisdiction. He basically tells them to file it in a lower court, the DE Superior Court.

https://courts.delaware.gov/Opinions/Download.aspx?id=340340

Nonetheless, if the Plaintiffs require equity to enforce a finding of unconstitutionality—that is, if it appears that the State would otherwise attempt to enforce an unconstitutional statute—they have stated a quintessential basis for equitable jurisdiction.

That premise is undoubtably correct, but the Plaintiffs’ apparent conclusion—that the State will ignore a declaratory judgment of the Superior Court, affirmed (if appealed) by the Delaware Supreme Court, is absurd. Also absurd is the corollary conclusion—that State agencies, so unbridled and corrupt as to enforce unconstitutional laws in the face of such a finding by a court of law, would nonetheless be compliant with an order of this Court.

The judge has more faith in the State agencies than I do (think NY/NJ/OR/CA to name a few).

 

[Michigander08]

The only way (impossible?) is that we have a Republican majority congress in Delaware. They will then throw out all Democrat passed laws.

 

[press1280]

I think the references are definitely ripe to get struck down. That's going on right now in NY so that case could weigh heavily on any challenges in DE state court or the 3rd Circuit.
The newspaper posting thing is also ripe. IDK any other state that even does that.
Although DE is by definition may-issue, no one would get standing unless they were denied for that reason. Courts probably wouldn't strike the law down if the state essentially isn't enforcing it.