Gun Rights Group Files Lawsuit Against Delaware’s High-Capacity Magazine Ban

Bronson Winslow on January 13, 2023

The Second Amendment Foundation (SAF), a gun rights advocacy group, filed a lawsuit against Delaware’s high-capacity magazine ban Thursday evening, saying the law violates the Constitution, according to an SAF release obtained by the Daily Caller News Foundation.

The lawsuit challenges Delaware’s high-capacity magazine ban under Senate Bill 6 (SB 6), and asks the court to pass a declaratory judgement that renders the law, and all related regulations, unconstitutional, according to the lawsuit. The lawsuit joins two other lawsuits filed in June 2022 by the Firearms Policy Coalition (FPC) and two private citizens.

“The law in question, known as Senate Bill No. 6, literally criminalizes one of the most common and important means by which Delaware citizens can exercise their right of self-defense,” SAF founder and Executive Vice President Alan M. Gottlieb said in the release. “In effect, SB 6 makes self-defense a potential criminal act, and that must not be allowed to stand.”

The SAF, joined by the FPC and the private citizens, further asked that a permanent injunction be placed on the state and its employees to ensure that Delaware’s magazine ban cannot be enforced, according to the release.

In June, SB 6 passed the state Senate with a 13-7 vote, according to The Center Square. The law prohibits the manufacture, sale, receipt, transfer and possession of a large-capacity magazines, according to the legislation.

The law also established a buyback program for large-capacity magazines, according to The Center Square. Members of law enforcement and the military are not subject to the law.

“We have an obligation to do everything we can to prevent tragedies like we’ve seen around the county from happening here in Delaware. We are not waiting to do what’s right – to take steps that will make our state safer,” Democratic Delaware Gov. John Carney said in a release about the law.

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