A challenge to Delaware’s bans on assault weapons and large capacity magazines suffers a loss in federal court.
U.S. District Court Judge Richard Andrews denies a preliminary injunction sought by the Delaware State Sportsmen’s Association in its lawsuit.
The opinion - issued Monday evening - means the state’s bans on assault weapons and large capacity magazines remain in effect for now.
Andrews said the gun lobby failed to meet their burden of establishing likelihood of success on the merits and irreparable harm noting Delaware gun owners retain ample effective alternatives to assault weapons and large capacity magazines for self-defense.
He also found that ongoing enactment of the bans is supported by historical analysis.
The opinion notes Delaware’s successful citation of multiple examples of analogous firearm regulations starting from the nation’s early history to modern times.
Delaware’s bans of assault weapons and large capacity magazines were signed into law by Gov. Carney last June, and the Delaware State Sportsmen Association filed its complaint shortly after that.
It wants the bans to be ruled unconstitutional, arguing they violate the U.S. Constitution’s Second Amendment, and the Delaware Constitution’s guarantee of a right to own and carry firearms.
They have also cited violations of the Fifth and Fourteenth amendments to the U.S. Constitution.
