Appeals court weighs Delaware laws banning certain semiautomatic firearms, large-capacity magazines
Source: ABC News/AP
March 11, 2024, 6:25 PM
DOVER, Del. -- Lawyers for gun rights groups urged a federal appeals court on Monday to overturn a judges refusal to halt enforcement of Delaware laws banning certain semiautomatic firearms and restricting the size of firearm magazines.
Delawares Democrat-controlled General Assembly enacted laws in 2022 that ban the sale of several types of semiautomatic firearms and shotguns, and limit magazine capacity to 17 rounds.
U.S. District Court Judge Richard Andrews denied a request by opponents for a preliminary injunction halting enforcement of the laws until a court decides whether they are unconstitutional. The Delaware State Sportsmens Association, joined by other gun rights advocates, argues that the laws violate Delawareans' constitutional right to keep and bear arms.
Andrews ruled last year that the firearms and large-capacity magazines targeted by the laws are presumptively protected by the Second Amendment. Nevertheless, he refused to issue an injunction, saying the state had sufficiently established that the weapons and magazines implicate dramatic technological change and unprecedented societal concerns for public safety.
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