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.
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 2nd 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.
A spokesman for the Delaware State Sportsmen’s Association could not be immediately reached for comment.
This decision by the judge was filed on March 27. On the same day, in Nashville, Tennessee, three children and three adults were shot and killed at a private Christian elementary school.
