Author Topic: Delaware-slapped-federal-lawsuit-banning “assault longguns” & ‘assault pistols  (Read 3975 times)

MarcWinkman

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Oaklandopen

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So disheartening.  Given the SCOTUS decisions they should be under the assumption the plaintiffs will ultimately be successful in the end.  The law should never have passed in the first place

He did say that the "common use" defense does in fact pass muster when it comes to magazines and the "assault" weapons, but did not change the overall opinion

But then it goes into common use as a self defense weapon,  and the argument that "assault" weapons are used in self defense the least.  This is a tough one because there are endless situations when it comes to defending yourself. It could be one person against you,  or a mob against you.  I'd argue an AR15 or the like would be the choice weapon in at least one of those scenarios.  Problem is there aren't many ppl who get caught in a mob scenario unless they are at their place of business or they are law enforcement and have approached said scenario. 

Unfortunately I think the defense wins that argument everyday.   How many ppl could really say the actively carry an AR or AK in public in case of a mass disturbance that they must protect themselves with? A city-wide riot would probably be the best argument

Guess we will have to find out later

Just Bill

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The problem is....those on the left have no idea what they are directing their anger towards.  They have never read the Constitution or don't care.  And they know that it will take years to get overturned.  They won't prosecute criminals using firearms but will prosecute law abiding citizens for using the same firearm.
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MarcWinkman

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They won't prosecute criminals using firearms but will prosecute law abiding citizens for using the same firearm.

This is definitely a misstatement in Delaware.  I can tell you for a fact based on my caseload that the AG's office is very aggressively prosecuting folks for weapons offenses.  Most of my clients with weapons offenses are charged with Possession of a Firearm by a Person Prohibited and they face a three year minimum mandatory sentence for a first go round on that charge, five years minimum mandatory on the second go round, and 10 years minimum mandatory for the third go round with the wrinkle on the third go round that if there are two prior violent felonies, the penalty is enhanced to 15 years minimum mandatory up to a maximum of life in prison. 

That said, I do think that this case will get reversed by the Third Circuit, maybe not by a panel, but I could see it happening with the Court en banc.  It'll take the better part of a couple years, but still, it's something.  My reading of the opinion is that the judge mistakenly applied a variation of the two step analysis framework that Bruen did away with.

Seth

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I must be pretty naive as it seems to me the Second Amendment to the Constitution makes it pretty clear that any law that would impede a citizen's right to bear arms would be an infringement that would be banned.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
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Just Bill

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I don't recall where I saw the numbers, but it said she prosecutes less that 10% of firearm related crime.
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Seth

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I don't recall where I saw the numbers, but it said she prosecutes less that 10% of firearm related crime.

Bill, I remember seeing that somewhere as well. I did a quick search, but didn't seem to come up with anything.
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Oaklandopen

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Wonder if that means firearm in commission of a crime or just the firearm crime itself.  For instance,  if someone robs at gunpoint vs police happen to find you with a concealed firearm without a license after pulling you over for speeding

slsharp

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All I know, is that I feel "infringed"; I'm sure along with many others.

This kind of 'knee jerk' legislation by local politicians has got to be punished, if not by the electorate, then the Judge.

I might be dreaming, but what retribution could be levied by a Judge upon Carney and crew?
Simon

Oaklandopen

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The only retribution is if a judge strikes down a law because they interpret it as unconstitutional.  But even then it's not really teaching them a lesson when they just make another law that's slightly different. Sometimes it's not really different at all

Now,  after being giddy about getting my md permit last year,  they have new and worse legislation coming around.  Bunch of hissyfit states in the wake of bruin

Oaklandopen

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Well Illinois gets their injunction,  although our judge made it sound like we should have probably gotten our injunction if not just ultimately win the case anyway

Just Bill

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All of this crap depends on an honest judge that understands the Constitution.  They seem hard to find.
NRA Cert. Instructor Pistol/Rifle/Shotgun
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DE/PA CCDW permits
AGI certified gunsmith--Cowboy Action/1911/Glock/rifle/pistol/shotgun/rimfire
AGI Firearms Appraiser/FFL 01
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