Federal judge denies Del. gun groups preliminary injunction in assault weapons ban lawsuit

Meredith Newman, Delaware News Journal
·2 min read
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A federal judge this week denied Delaware gun groups a preliminary injunction in their lawsuit seeking to block legislation that bans assault weapons and high-capacity firearm magazines.

This past summer, the Delaware State Sportsmen’s Association, among others, filed a lawsuit in the U.S. District Court for the District of Delaware, weeks after the General Assembly passed a sweeping gun reform package.

The bills came as a result of the school shooting in Uvalde, Texas, in which 19 children and two adults were killed. Lawmakers also voted to increase the purchasing age from 18 to 21 for most firearms.

This past summer, the Delaware State Sportsmen’s Association, among others, filed a lawsuit in the U.S. District Court for the District of Delaware, weeks after the Delaware legislature passed a sweeping gun reform package.
This past summer, the Delaware State Sportsmen’s Association, among others, filed a lawsuit in the U.S. District Court for the District of Delaware, weeks after the Delaware legislature passed a sweeping gun reform package.

The lawsuit centers on two pieces of the legislation. The first is the law that now makes it illegal to make, sell, purchase or possess assault-style weapons, including AK-47s and AR-15s. The legislation does grandfather currently owned weapons and protects owners from being misidentified as those breaking the law and grants certain exceptions for law enforcement and military members.

The other is the ban on high-capacity firearm magazines, which outlawed the sale or possession of any magazine capable of holding more than 17 rounds.

BACKGROUND: Delaware lawmakers pass historic gun legislation, including ban on sale of assault weapons

In November, the groups filed for a preliminary injunction against the two laws, looking for the judge to temporarily block the legislation from going into effect until the court made a decision in the case. The groups cited that Delawareans’ rights were being violated under the Second and 14th Amendments.

Judge Richard Andrews wrote in his decision that the gun groups “failed to meet their burden” of proving two necessary factors: The likelihood of success on the merits and irreparable harm in the absence of a preliminary injunction.

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Attorney General Kathy Jennings, in a statement, that the state “will continue to argue for common sense, and the safety of our kids, for as long as it takes.” She pointed to AR-15s often being the weapon used in mass shootings.

DSSA President Jeffrey Hague said in a brief interview Thursday afternoon that the organizations are disappointed in the judge's decision and they plan to appeal. Despite the setback, Hague said this hasn't changed any legal strategy.

"We believe that we are on the right track and our position is the correct one that this semi auto ban .... and the magazine capacity ban are both unconstitutional," he said.

This decision by the judge was filed on March 27. On the same day, in Nashville, three children and three adults were shot and killed at a private Christian elementary school.

This article originally appeared on Delaware News Journal: Judge denies injunction to stop Delaware's assault weapons ban