The Independent View: Appeals Court Denied Gun Lobbyists' Appeal Of Assault Weapon Ban

The U.S. Court of Appeals for the 3rd Circuit, ruled Monday against the Delaware State Sportsmen's Association's (DSSA) Challenge of Two of the State's Gun Reform Laws, Reaffirming the District Court’s Order denying Injunctive Relief.

The Association filed the Lawsuit in 2022, shortly after the General Assembly passed a Package of Bills that limited High-Capacity Magazines, Increased the Purchasing age from 18 to 21 for most Firearms, and Banned Assault Weapons.

The Association was joined by Bridgeville Rifle and Pistol Club, the Delaware Association of Federal Firearms Licensees, and the Delaware Rifle and Pistol Club.

Dick's Sporting Goods announced it will No longer Sell "Assault-Style Rifles." But Local Gun Stores, such as Shooter's Choice in Dover, still plan to Carry the Controversial Weapons.

Their Owners argue it is the Gunmen, not the Guns, who should be Targeted in efforts to Reduce Shooting Deaths.

The Lawsuit claimed House Bill 450 and a later, Substitute to Senate Bill 6, Violated the Second and 14th Amendments. The Bill and substitutions Banned Assault Weapons, including AK-47s and AR-15s, and Large-Capacity Magazines, which are any Magazines that can hold over 17 bBllets.

A District Court Judge, Denied the Plaintiffs the Injunction in March 2023, prompting the Groups to Appeal. Their Case was heard in the U.S. Court of Appeals for the 3rd Circuit about One year later.

The Appeals Court ultimately agreed with the Lower Court's Assessment, writing in their Opinion that the potential "Injury" alleged by the DSSA "does not threaten the court’s ability to decide the case or to give meaningful relief later on. We do not hold that Second Amendment harms, or constitutional harms generally, cannot be irreparable. Still, the scant evidence before us here hardly shows that the challengers’ harm is. wrote 3rd Circuity Judge Stephanos Bibas.

Bibas added that the Second Amendment "does not compel Delaware to turn a blind eye to the safety of its citizens."

Delaware is One of 4 States experiencing Major Drop in Gun Sales.

Delaware Attorney General Kathy Jennings (D), praised the Court's Decision, saying in an Official Statement that Gun Lobbyists' "crusade against common sense gun safety policy has once again proven to be an expensive failure."

"The idea that the Founders envisioned unfettered access to AR-15s when they described a 'well-regulated militia' is a delusion," Jennings said. "Assault weapons and large capacity magazines are modern tools whose sole purpose is to kill."

At the time the Constitution, Guns used for War was kept in an Armory. When the Citizens were called to service, they went to the Armory to get their Seapons. When they returned, those Weapons were returned to the Armory.