A handful of Delaware gun rights groups filed a federal lawsuit seeking an injunction against the recently passed legislation that bans assault weapons.
In the final months of the legislative session, Democrats passed a sweeping package of gun reform bills that also included limiting high-capacity magazines and increasing the purchasing age from 18 to 21 for most firearms. The bills were introduced after recent mass shootings, specifically the shooting at a Uvalde, Texas school.
The passage of this legislation was the most significant day for gun reform in Delaware history.
Republicans were against a majority of these bills, including the assault weapon ban, and loudly hinted that the passage of this legislation would result in court challenges.
The Delaware State Sportsmen’s Association filed the suit in U.S. District Court for the District of Delaware on Wednesday afternoon. They were joined by Bridgeville Rifle and Pistol Club, the Delaware Association of Federal Firearms Licensees and the Delaware Rifle and Pistol Club.
The lawsuit names Nathaniel McQueen, secretary of the Department of Safety and Homeland Security, and Col. Melissa Zebley, superintendent of Delaware State Police, as defendants, since the agency would enforce the law.
The suit specifically focuses on HB 450, which 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.
“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,” DSSA President Jeff Hague said in a statement. “We promised our members and the people of Delaware that if HB 450 ever became law we would challenge that law and today we kept that promise.”
Hague hinted at future lawsuits regarding other gun-related bills, particularly the legislation related to the purchasing age for most firearms and limiting high-capacity magazines.
The 92-page lawsuit argues the legislation violates the Second amendment, as well as other constitutional rights.
A spokeswoman for Gov. John Carney declined to comment on the lawsuit.
Contact Meredith Newman at (302) 256-2466 or at mnewman@delawareonline.com. Follow her on Twitter at @MereNewman.
