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Delaware Assault Ban Case Update
MarcWinkman:
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:
Thank you Marc for this current update. You Sir, are a very valued member of this forum. Regards to all at decccw.
Seth:
Thanks for the update Marc!
Just Bill:
Can we sue all the legislators for violating the oath of office??
MarcWinkman:
--- Quote from: Just Bill on March 14, 2024, 07:20:31 PM ---Can we sue all the legislators for violating the oath of office??
--- End quote ---
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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