Today, DSSA has filed an opening brief in support of a Motion requesting the District Court to issue a Preliminary Injunction to halt enforcement of the various bans contained in House Bill 450 and Senate Substitute 1 for Senate Bill 6 on the basis that the Regulatory Scheme the State has created coerces the law-abiding citizens of Delaware into surrendering their commonly used and owned firearms and standard capacity magazines permanently, under the threat of criminal prosecution. DSSA also challenges the audacity of the State in scheduling the “buy-back” events weeks before the regulation becomes effective.
On June 30, 2022, Governor John Carney signed House Bill 450 into law, effectively and immediately banning a long list of commonly owned rifles, shotguns and pistols, pejoratively and inaccurately labeling those firearms as “assault weapons.” On that same day Governor Carney also signed Senate Substitute 1 for Senate Bill 6 (SS#1 for SB6) into law effectively banning most standard capacity rifle magazines and many standard capacity pistol magazines, erroneously labeling them “high capacity magazines”.
Both bills were vigorously opposed by the Delaware State Sportsmen’s Association (DSSA) in the General Assembly on the grounds that (1) they would do great harm to the financial and economic rights of a broad range of Delaware citizens; (2) they would do nothing to prevent violent crime; (3 they unnecessarily deprive honest citizens of the means to effectively defend themselves, their homes and their families from attack by violent criminal predators; and (4) they are patently unconstitutional under both Delaware’s Constitution and the United States Constitution.
On July 20, 2022, DSSA fulfilled the first part of our promise by filing suit in the United States District Court for the District of Delaware challenging the constitutionality of HB 450 seeking injunctive and declaratory relief. DSSA was joined in this action by the Bridgeville Rifle and Pistol Club, The Delaware Association of Federal Firearms Licensees, the Delaware Rifle and Pistol Club and several individual members of those organizations.
On September 9, 2022, DSSA and the other plaintiffs filed an Amended Compliant in which additional challenges were brought against Senate Substitute 1 for Senate Bill 6 (SS#1 for SB6), fulfilling DSSA’s commitment to its members and the people of the State of Delaware to challenge both of those ill-advised, emotionally-inspired, and patently unconstitutional legislative measures.
DSSA President Jeffrey W. Hague said of this action, “DSSA has been protecting and defending the rights of Delaware’s hunters, sportsmen and women, and law-abiding gun owners since 1968. This is not the first time we have challenged unconstitutional and illegal actions of government officials in court, and it will not be the last. We promised our members and the people of Delaware that if HB 450 or SS#1 for SB6 ever became law we would challenge those laws in court. Today we go step further and ask the District Court to enjoin the state from proceeding with unconstitutional measures.
A copy of the Motion for Preliminary Injunction filed today in U.S. District Court can be found HERE
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