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.
