Gun Rights Groups Challenge New Delaware Assault Weapons Ban

Gun rights groups and shooting clubs filed suit in federal court in Delaware seeking to strike down the state’s new assault weapons ban.

The plaintiffs allege the law, H.B. 450, violates the state and federal constitutions, according to the complaint filed Wednesday in the US District Court for the District of Delaware.

Gov. John Carney (D) signed the Delaware Lethal Firearms Safety Act of 2022 into law June 30.

The measure prohibits the manufacture, sale, offer to sell, transfer, purchase, receipt, possession, or transport of assault weapons in Delaware, subject to certain exceptions, and carries a penalty of up to eight years for a first offense.

The law allows for the possession and transport of assault weapons that were lawfully possessed or purchased before its enactment, with certain restrictions. Gun owners have one year from the law’s enactment to apply to the Secretary of the Department of Safety and Homeland Security for a certificate of possession.

The law should be struck down, the plaintiffs say, because the “limited exceptions to this broad criminal statute do not allow typical law-abiding citizens to keep and bear common firearms for lawful purposes.”

The suit includes claims under the Delaware Constitution, which provides broader gun rights than the US Constitution, giving Delaware residents a “right to keep and bear arms for the defense of self, family, home, and State, and for hunting and recreational use.”

The complaint also includes claims under the US Constitution and federal civil rights law.

The named plaintiffs are the Delaware State Sportsmen’s Association, Bridgeville Rifle and Pistol Club Ltd., Delaware Rifle and Pistol Club, the Delaware Association of Federal Firearms Licensees, and five individuals.

Causes of Action: 42 U.S.C. § 1983; right to bear arms under Delaware constitution; violation of due process under state and US constitutions; violation of takings clause under US Constitution; violation of equal protection clause of US Constitution; violation of commerce clause of US Constitution; federal preemption.

Relief: Declaratory and injunctive relief, attorneys’ fees and costs.

Response: The Delaware Department of Safety and Homeland Security didn’t immediately respond to a request for comment.

Attorneys: Lewis Brisbois Bisgaard & Smith LLP represents the plaintiffs.

The case is Del. State Sportsmen’s Ass’n Inc. v. Del. Dep’t of Safety and Homeland Sec., D. Del., No. 22-cv-00951, complaint filed 7/20/22.