New Delaware ‘Assault Weapon’ Ban Infringes on Second Amendment Rights: Lawsuit – The Epoch Times

A recently enacted Delaware law that bans guns described as assault weapons violates the U.S. and state Constitutions, according to a new lawsuit.

Delaware House Bill 450 bans the sale and manufacture of dozens of guns labeled as assault weapons. It also forbids transporting such guns into the state.

Those who violate the law face a felony charge for each violation.

However, the U.S. Constitutions Second Amendmentguarantees the right of the people to keep and bear Arms andArticle I, Section 20 of the Delaware Constitution states, A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use, which means that the new law is illegal, according to the suit, which was filed bythe Delaware State Sportsmens Association, a National Rifle Association (NRA) affiliate; several gun clubs; theDelaware Association of Federal Firearms Licensees; and five individuals.

Plaintiffs and their members have a constitutional right to make use of common firearms, deemed assault weapons under the Regulatory Scheme, for effective self-defense and not to be disarmed by the Regulatory Scheme and its enforcement by Defendants, the 92-page federal court filing reads.

In addition, state lawmakers ignored rulings by the U.S. Supreme Court and the Delaware Supreme Court that peoples right to self-defense includes the right to possess guns both inside and outside their homes, the plaintiffs say.

The passage of the new law amounts to defiance of this established and unassailable authority, they say.

We promised our members and the people of Delaware that if HB 450 ever became law, we would challenge that law and today, we kept that promise, Jeff Hague, president of the Delaware State Sportsmens Association, said in a statement.

The plaintiffs are asking the court to block state officials from enforcing the law.

Delaware Gov. John Carney, a Democrat who signed the legislation, and theDelaware Department of Safety and Homeland Security declined to comment to The Epoch Times.

While signing the legislation and other gun restriction laws, Carney said previously that we have an obligation to do everything we can to prevent tragedies like weve seen around the county from happening here in Delaware.

We are not waiting to do whats rightto take steps that will make our state safer, he said.

Delaware Senate President Pro Tempore Dave Sokola, another Democrat, said hes proud of my colleagues for standing strong against the lobbying effort of the NRA to do whats right for the safety of our families.

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Zachary Stieber covers U.S. and world news. He is based in Maryland.

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New Delaware 'Assault Weapon' Ban Infringes on Second Amendment Rights: Lawsuit - The Epoch Times