Delaware persists with gun ban despite Supreme Court Bruen ruling, facing opposition from 20 states.

A Challenge to Delaware’s Gun Control Law

A Delaware law that was signed last year, banning “assault weapons” and standard-capacity magazines, is now facing a challenge from 20 states. This comes just days after the Supreme Court issued a Second Amendment ruling.

Support for the Lawsuit

On July 10, a coalition of 20 states filed an amicus brief in support of the Delaware State Sportsmen’s Association (DSSA) in their lawsuit against the Delaware Department of Safety and Homeland Security. The coalition argues that two Delaware bills violate the Constitution and that lower courts failed to properly interpret the Supreme Court’s 2022 Bruen v. New York Rifle & Pistol Association ruling, which emphasizes the need for gun laws to align with the nation’s historical tradition of firearms regulation.

Appealing to the Court

U.S. District Court Judge Richard Andrews denied the DSSA and other groups a preliminary injunction in March, stating that Delaware’s ban was consistent with historic regulations on weapons. However, gun rights groups involved in the challenge have appealed to a three-judge panel on the U.S. Court of Appeals for the 3rd Circuit. They argue that the laws infringe on the rights of law-abiding gun owners by prohibiting certain firearms and ammunition magazines.

The coalition of states, led by Montana Attorney General Austin Knudsen, also criticizes Andrews’s analysis, stating that it falls short of the nuanced inquiry required by the Bruen ruling.

Concerns and Criticisms

Stephen Halbrook, a senior fellow at the Independent Institute and a prominent Second Amendment lawyer, points out that Delaware’s ban closely resembles California’s 1989 findings, disregarding the Delaware Bill of Rights and the landmark 2008 decision in District of Columbia v. Heller. Halbrook argues that self-defense is a central component of the right to bear arms.

The Democratic-controlled state legislature passed the firearms restrictions in response to several mass shootings last year. However, the DSSA alleges that Delaware has criminalized the possession, transportation, and sale of common firearms used by law-abiding citizens for lawful purposes.

Consolidated Challenges

Additional gun rights groups, including the Firearms Policy Coalition and the Second Amendment Foundation, have filed similar challenges, which have now been consolidated into the appeal at the 3rd Circuit.

A Multistate Effort

The multistate brief against Delaware’s gun control law was joined by attorneys general from Arkansas, Alabama, Georgia, Idaho, Iowa, Indiana, Kentucky, Louisiana, Missouri, Mississippi, Nebraska, North Dakota, New Hampshire, South Dakota, South Carolina, Utah, Virginia, Wyoming, and West Virginia.

Delaware’s Proposed Firearm Regulations

Separately, Delaware’s Democratic-controlled legislature has advanced a bill that would require individuals purchasing firearms to be fingerprinted, undergo training, and obtain permission from the state. However, lawmakers are currently assessing the feasibility of funding the program before pushing the bill to a floor vote.

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