Delaware Assault Weapon Ban - As Delaware lawmakers and Gov. John Carney fast-tracked six gun control bills last month, opponents of those bans have vowed to file lawsuits, particularly the assault weapons ban.
Three weeks after the governor signed the measures, they filed a 57-page lawsuit in U.S. District Court in Wilmington.
Delaware Assault Weapon Ban
The first target is the ban on AR-15 rifles and dozens of other similar semi-automatic weapons that are said to be unconstitutional. But the Delaware State Sportsmen's Association Hunting and Shooting Club and other plaintiffs said they will also sue for limits on magazine capacity and laws that would ban the sale of most guns to those under 21.
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Gun violence advocates rejoiced as they signed a package of six bills designed to reduce the threat of gun violence in Delaware.
The theme of the lawsuit filed this week is that the U.S. and Delaware constitutions prohibit the right to possess "common firearms" such as the AR-15 and other currently banned firearms. That language is not in any constitution, but the court said earlier rulings uphold the right of gun owners to protect their firearms collectively.
Calling modern guns "everywhere" in America, the lawsuit states, "In 2018, approximately 909,330 Ford F-150s were sold. That's twice as many modern guns sold in the same year."
The lawsuit also points out that the Delaware Constitution protects the rights of gun owners more than the U.S. Constitution because it "gives people the right to keep and bear arms for the protection of self, family, home, and property, and for hunting and recreation."
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The swift passage of Democratic-backed bills on party-line votes, some of which had previously been introduced but failed, comes in the wake of the May 24 massacre of 19 elementary school students and two teachers in Uvalde, Texas. The gunman used an AR-15 rifle, like many other mass shootings, including one that killed 10 people outside a Buffalo grocery store 10 days before the rampage in Uvalde.
"It's not disproportionately used in crime, it's the other way around," he said, adding that FBI data shows that most firearms crimes are committed with guns.
But instead of addressing the mental health problem that plagues mass shooters, Hague said, lawmakers and Carney have decided to target gun illegality.
"So in our view, this is an attempt to solve the wrong social problem," Hague said. “It does nothing but hinder the rights of law abiding citizens. And we are talking about constitutional rights.
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But Mara Gorman, the Delaware leader for Moms Demand Action, the nation's largest public organization advocating for stricter gun laws, believes the new laws will pass the Constitution.
Under the bill, prospective buyers would have to complete a training course that includes gun safety and storage instructions and at least 100 rounds of live firing.
Delaware's gun ban has withstood legal challenges based on a 2013 Maryland law.
"They are using it to mass shoot innocent citizens as we have seen them use it repeatedly in the past months," he said. "I believe the public would like to see these tools not shared."
Assault Weapons Ban Introduced In Delaware General Assembly
Gorman also noted that before Carney signs the bill on June 30, he would allow people with assault-style weapons to stay as long as they can prove they are legally present. They can also be taken to shooting competitions.
"Basically, we will never stop fighting to keep people safe," he said. But we're not interested in taking away people's guns.
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Gun Rights Advocates Sue Delaware Over Assault Style Weapons Ban
Oliver "Butter" Henry is being held on $2.5 million cash bail following the shooting death of a 16-year-old boy.
During Tuesday's preliminary hearing, prosecutors presented evidence they say has tied the adult and juvenile suspects to the Sept. 27 shooting outside Roxboro High School.
The order follows a lawsuit filed by gun rights groups challenging the law's constitutionality and makes it illegal to carry guns in various "sensitive areas." The latest mass shooting in the United States has one thing in common: the AR-15. This device has become increasingly popular in the United States. In part because the 1994 federal gun ban expired in 2004.
An assault weapons ban proposal was introduced in the Delaware General Assembly on Thursday, the latest and most controversial of the gun control measures state lawmakers have debated this year.
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The legislation, sponsored by Sen. Brian Townsend, D-Newark, would seek to ban the sale, transfer or importation of approximately 60 specific manufacturers and manufacturers of semi-automatic rifles and handguns, as well as so-called "copycat guns." Like folding actions, flash suppressors and grenade launchers.
Violation of the proposed law is a felony punishable by up to three years in prison for a first offense and five years in prison for a second offense.
The list of banned weapons includes rifles commonly known as the AK-47 and AR-15, as well as various semi-automatic rifles and "assault rifles" such as the UZI and the rapid-fire Beretta 93R.
Although the use and transportation of these grandfathered firearms is strictly limited, anyone who owns one of these weapons is allowed to carry the rifle. However, there is no requirement to register these weapons with the government.
Assault Weapons And Large Capacity Magazines
"All of these weapons are used frequently in mass shootings and police killings," Townsend said. "These weapons are not for home defense like handguns or hunting like other guns. They are from the battlefield and their purpose is to kill a large number of people."
The National Rifle Association and other Second Amendment advocates, who have offered little opposition to other gun control proposals working their way through the Legislature, are expected to mount an offensive to defeat Townsend's legislation.
"There's no room for compromise or room for improvement on this," said Jeff Hague, president of the Delaware State Sportsmen's Association, an NRA affiliate. "This is a bad law and we do not support it in any way."
The introduction of the bill on Thursday came after a month. It comes a month after Governor John Carney called for a ban on "military weapons" following the recent high school shootings in Parkland, Florida and a concert in Las Vegas. Nevada
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The incidents have sparked a new debate over gun control across the country, including hundreds of student protests last week and dozens of demonstrations planned for this weekend.
Carney, who previously served as Delaware's lone U.S. representative, said Thursday that he believes President Donald Trump and Congress must act to "confront the threat of gun violence." But he added, "We can't wait to do the right thing in Delaware."
"These weapons allow people who intend to harm law enforcement officers, and they have no place on our local streets," he said. "This is important legislation that will make our state safer – and I urge members of the General Assembly from both parties to act quickly and send this bill to my desk as soon as possible."
Senate Bill 163 was created by former Maryland Governor Martin O'Malley in 2011. It's the same assault weapon he signed after the 2013 Newtown, Connecticut school massacre.
Delaware House Passes Bill To Ban Assault Weapons
Maryland's ban was upheld by the Fourth Circuit Court of Appeals last year, and the U.S. Supreme Court declined to hear an appeal by the NRA and gun owners in November.
Six other states, including New Jersey and New York, as well as Washington, DC, have passed various assault weapons bans.
"The constitutionality of this law has already been resolved," Townsend said. "These gun owners are not protected by the Second Amendment and we have the right, and I have the duty, to remove them from our state for the sake of public safety."
In the year From 2007 to 2016, four out of nearly 500 homicides in Delaware were committed with a long gun, compared to 24 homicides involving "knife and foot."
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"The main thing is that these weapons are not used for crime," he said. "Mass shootings get a lot of attention because of the incredible press coverage. It's horrible, but it's not normal."
Baltimore, Maryland reported a record 343 homicides last year, or about 56 homicides per 100,000 people, despite a ban on assault weapons. Of the 118 suspects identified by police, 85 percent had prior criminal records, and 44 percent were previously incarcerated for weapons offenses, according to the Baltimore Sun.
Recently, the Delaware Council on Criminal Justice found that 71 percent of gun charges were dropped by state prosecutors as part of plea deals that resulted in convictions on other charges.
"This is not what they offer
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