DELAWARE – A federal judge this week ruled against a gun lobby challenge against Delaware’s ban on assault weapons and large capacity magazines. The opinion on Delaware State Sportsmen’s Association, Inc. et al. v. Delaware Department of Safety and Homeland Security et al was given on Monday night.
In his opinion, Judge Richard G. Andrews of the U.S. District Court for the District of Delaware denied a preliminary injunction sought by the Delaware State Sportsmen’s Association against the bans. The Association is a Delaware affiliate of the NRA.
In his ruling, Judge Andrews said the Association failed to establish the likelihood of success on the merits and irreparable harm of repealing the bans and noted that gun owners have “ample alternatives” to assault weapons and large capacity mags for self defense. The Court also cited historical analysis that supports the bans and the “unprecedented societal concerns for public safety” that assault weapons create.
“This week’s heartbreaking massacre in Nashville, including the murder of three children, underscores what’s at stake here,” said Attorney General Jennings in response to the Court’s decision. “The list of mass shooters using AR-15s and similar weapons to murder innocents, including children, continues to grow. Gun violence has now surpassed car accidents as the leading cause of death for children in this country. And yet the gun lobby fights harder by the day to protect profits over people.”
“I’m grateful to the Court for its ruling and its thoughtful analysis of the facts,” Jennings also said, “and to our litigation team for their tireless, excellent work. We will continue to argue for common sense, and the safety of our kids, for as long as it takes.”
Under the court’s opinion, Delaware’s ban on assault weapons and large capacity magazines will remain in effect.