A Delaware law banning 'assault weapons' and standard-capacity magazines that was signed last year, just days after the Supreme Court issued a Second Amendment ruling, is now being challenged by 20 states led by MTAGKnudsen.
U.S. District Court Judge Richard Andrews in March denied the DSSA and other groups a preliminary injunction blocking Delaware from enforcing HB 450, which bans certain pistols, semiautomatic rifles, and ammunition magazines, arguing that they would not likely succeed on the merits.
But gun rights groups involved in the challenge have appealed to a three-judge panel on the U.S. Court of Appeals for the 3rd Circuit, arguing the laws subvert the rights of law-abiding gun owners by"prohibiting Delawareans from possessing a whole class of firearms — semiautomatic pistols and long guns as well as ammunition magazines capable of holding over 17 rounds of ammunition."
Stephen Halbrook, a senior fellow at the Independent Institute and a lawyer known for his involvement in Second Amendment litigation,arguing that Delaware effectively"plagiarized California's 1989 findings that it was imperative to ban any gun that is not a 'sports or recreational firearm.'"
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