Author Topic: Delaware Assault Ban Case Update  (Read 845 times)

MarcWinkman

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Delaware Assault Ban Case Update
« on: March 14, 2024, 04:36:15 PM »
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!

RetCapt1994

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Re: Delaware Assault Ban Case Update
« Reply #1 on: March 14, 2024, 05:29:55 PM »
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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Seth

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Re: Delaware Assault Ban Case Update
« Reply #2 on: March 14, 2024, 06:57:52 PM »
Thanks for the update Marc!
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Just Bill

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Re: Delaware Assault Ban Case Update
« Reply #3 on: March 14, 2024, 07:20:31 PM »
Can we sue all the legislators for violating the oath of office??
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MarcWinkman

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Re: Delaware Assault Ban Case Update
« Reply #4 on: March 14, 2024, 07:34:14 PM »
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.

Clarence

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Re: Delaware Assault Ban Case Update
« Reply #5 on: March 15, 2024, 04:40:34 PM »
No.  They are immune.  We can only vote them out.
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Quod non me necat me fortiorem facit.

Just Bill

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Re: Delaware Assault Ban Case Update
« Reply #6 on: March 16, 2024, 07:43:32 PM »
No we can't vote them out!  The "gimmees" of NCC won't allow that.  Gimmee more free taxpayer stuff.
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Radnor

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Re: Delaware Assault Ban Case Update
« Reply #7 on: March 16, 2024, 09:02:04 PM »
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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slsharp

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Re: Delaware Assault Ban Case Update
« Reply #8 on: March 18, 2024, 01:35:31 PM »
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

MarcWinkman

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Re: Delaware Assault Ban Case Update
« Reply #9 on: March 19, 2024, 02:36:30 PM »
It's also a shame that you're allowed to vote for the Delaware Communist Party, I mean democrats after you've died. 

Clarence

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Re: Delaware Assault Ban Case Update
« Reply #10 on: March 19, 2024, 04:02:43 PM »
Saw a bumper sticker here in Sussex County:

When I die don t let me vote Democrat
« Last Edit: March 20, 2024, 01:44:30 PM by Clarence »
DE MD PA VA FL ccw. NRA Life Member. DSSA member. Sussex County

Quod non me necat me fortiorem facit.

slsharp

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Re: Delaware Assault Ban Case Update
« Reply #11 on: March 20, 2024, 12:05:46 PM »
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?
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Oaklandopen

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Re: Delaware Assault Ban Case Update
« Reply #12 on: March 20, 2024, 10:48:21 PM »
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

slsharp

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Re: Delaware Assault Ban Case Update
« Reply #13 on: March 21, 2024, 12:54:48 PM »
little off topic, but ever wonder what it would be like to be a lefty democrat?

Just Bill

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Re: Delaware Assault Ban Case Update
« Reply #14 on: March 21, 2024, 09:59:40 PM »
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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