Delaware Concealed Carry Forum
State News & Gun News => Delaware News => Topic started by: MarcWinkman on March 14, 2024, 04:36:15 PM
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Greetings all, just by way of quick update, a three judge panel of the Third Circuit heard oral arguments in the DSSA's case seeking a preliminary injunction of the Delaware assault weapons and magazine ban. Unfortunately, the panel included two Biden appointed judges, so, in all probability, the District of Delaware's denial of preliminary injunction will likely be affirmed and the case remanded to the District Court for trial on the merits. Hopefully in the intervening time, the Supreme Court grants Cert in Bianchi v. Brown out of the Fourth Circuit which seeks a ruling on the MD assault weapons ban. If the Supreme Court grants Cert in that case, it may be possible for DSSA and every other plaintiff in an assault ban case to interplead, however, I'm not familiary enough with the US Supreme Court's procedural rules on interpleader to say for certain one way or the other. In any event, stay tuned folks!
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Thank you Marc for this current update. You Sir, are a very valued member of this forum. Regards to all at decccw.
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Thanks for the update Marc!
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Can we sue all the legislators for violating the oath of office??
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Can we sue all the legislators for violating the oath of office??
Yes and no. Because of the separation of powers doctrine, any judicial relief in this type of situation would be limited to Petitioning the Delaware Supreme Court for a Writ of Mandamus directing the General Assembly to repeal the sections of Title 11 that are unconstitutional. There's a snowball's chance in hell of that happening if there is no opinion from the United States Supreme Court on the matter, however, I, and other nerdy legal 2A folks that I know have high hopes that SCOTUS will grant the Petition for Writ of Certiorari in the Bianchi v. Brown case from the Fourth Circuit, which believe it or not, is more anti-gun than the Third Circuit.
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No. They are immune. We can only vote them out.
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No we can't vote them out! The "gimmees" of NCC won't allow that. Gimmee more free taxpayer stuff.
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No we can't vote them out! The "gimmees" of NCC won't allow that. Gimmee more free taxpayer stuff.
Sad but TRUE
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It's too bad that you are still allowed to vote if you are getting tax payer or welfare money, seems to me there is a conflict of interest there somehow. I don't mean that in a negative way, but something just don't add up. If this is a perversion of democracy, can something be done about it?
-Simon
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It's also a shame that you're allowed to vote for the Delaware Communist Party, I mean democrats after you've died.
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Saw a bumper sticker here in Sussex County:
When I die don t let me vote Democrat
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Wonder what the Democrat next move is? They have to be sitting around scheming on the next infringement to bring out.
Does anyone have any foresight or inside information, or guess at what that might be?
-Simon
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Their next move is whatever another blue state has already done. At this point I'm surprised they haven't done a carbon tax from your time on the range.
Maybe they'll take away the castle doctrine.... although any skeezy enough lawyer or AG could bring charges against the homeowner anyway
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little off topic, but ever wonder what it would be like to be a lefty democrat?
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First, you would not be posting on this site. Next, you would always be angry for no apparent reason. Next, you would have a firearm and not admit it to your friends but criticizing me for owning one.
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Yes. I've also wondered what it would be like to be a sea urchin in a tank at petsmart too
But seriously, when I try to make some sense of their point of view on things it's mentally exhausting
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Funny how we (Conservative or Right thinking) people have free and open discussions, while it's hard to find the same when it comes to leftist socialist anything-goes forums or websites, but when on does pop up, they don't last long because they don't stand up to common sense.
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I am on a handyman site where most regular posters are far left so there is no discussion on politics, I am always wrong. I just stick to fix it discussions.
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I can't comprehend that. I figured most handyman or do-it- yourselfers would lean right
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They are not just nasty to me they are hostile and most disregard my comments completely. It is almost I am invisible in spite of 38 years a remodeling contractor.
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Sadly due to my work commitments, I've not been staying as up to date on this case as I'd have liked to. I missed the window to hear oral arguments in this case, but have it flagged to keep an eye out for an opinion in Westlaw.
Having said that, one of my colleagues was successful in having a case dismissed where the defendant was charged with possession of a firearm by a person prohibited based upon a 1997 felony conviction for criminal mischief (non-violent felony). In that case, as in other cases where I have raised constitutionality of gun laws as an issue, the persecutor simply dismissed the case rather than argue the issues so that we can get a judicial ruling. It's a tactic that the State seems to be using so that they can continue to enforce unconstitutional laws.
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Thank you for all you have done and shared with us.
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Here's hoping that the Third Circuit Court of Appeals rules favorably for us in the DSSA rifle and magazine ban case. If they do, I'll have a good time of eviscerating the State in Motions to Dismiss the magazine and rifle cases that have been piled up in the corner of my office waiting for the motions window to open for an en masse filing. If the Court doesn't go our way, I'll at least have an opportunity to get a few of these issues before the State Supreme Court in Dover for decision.
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I keep reading about 2nd Amendment victories for us in lower courts, but never how it affects our cases. Anyone???
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Bill. Try Bearing Arms. The is from the firearms Policy Coalition
https://bearingarms.com/
This organization is front and center with the legal fights. We are waging. Forget the NRA.