Delaware fights challenge to assault weapons, large-capacity magazine bans in appeals court

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This story was supported by a statehouse coverage grant from the Corporation for Public Broadcasting.

Delaware’s attorney general appeared in federal appeals court on Monday, arguing that the state’s gun control laws are constitutional.

Attorney General Kathy Jennings and New Jersey Attorney General Matthew Platkin argued before the Third Circuit Court of Appeals in Philadelphia.

The Delaware State Sportsmen’s Association, a gun rights group, and other gun rights advocates filed the lawsuit in July 2022. They are suing to overturn Delaware’s bans on assault weapons and large-capacity magazines.

The Second Amendment group contends the laws violate the Delaware Constitution and the Second, Fifth and Fourteenth Amendments of the U.S. Constitution.

U.S. District Court Judge Richard Andrews denied a preliminary injunction last year against the state’s ban on assault weapons and high-capacity magazines until a court rendered a decision on constitutionality. But he added the activists failed to prove they couldn’t sufficiently defend themselves with other firearms.

The Delaware State Sportsmen’s Association appealed the district court’s decision.

In a call with reporters Monday before oral arguments, Jennings said she was confident the appeals court would side with Delaware.

“The idea that the founders envisioned anything like an AR-15 when they drafted the Constitution is delusional,” she said. “These guns originated as weapons of war and have emerged as the clear weapon of choice for mass shooters.”

If the appeals court ruled against Delaware, it would also threaten New Jersey’s assault weapons ban.

New Jersey’s attorney general said striking down the ban could have ripple effects that would endanger residents.

“Americans and people in states like New Jersey and Delaware will be less safe,” Platkin said. “You are six times more likely to be shot and killed in Mississippi than you are in New Jersey. That’s because of the strong gun laws that we have.”

Platkin led an amicus brief supporting the Delaware statutes and 17 other states, including Pennsylvania.

A ruling is expected in the next few months.