The recent passage of Delaware’s permit-to-purchase law, requiring training and a permit before purchasing a handgun, has sparked a legal battle with groups claiming it infringes upon constitutional rights. The Delaware State Sportsmen’s Association (DSSA), alongside individuals and clubs, has filed a lawsuit in U.S. District Court arguing that the law, known as Senate Substitute 1 for Senate Bill 2, is unconstitutional under both the Federal Second Amendment and Delaware’s own constitution.
“This is a case about vindicating fundamental civil rights being trampled on by overbearing legislation that defies controlling legal authority,” according to the case filed by Francis G.X. Pileggi and other plaintiffs. The bill, recently signed into law by Gov. John Carney, has been touted by supporters as a necessary step toward reducing gun violence and enhancing public safety.
“This is another, in a long line of cases, where the General Assembly has blatantly and intentionally ignored the Constitution and pandered to those that would see our rights infringed upon because they believe we as law abiding individuals are subject to a government that thinks they know better how to live our lives,” said Jeff Hague, president of the Sportsmen’s Association, in a statement released Thursday.
Hague also points out that this legislation may place victims of domestic violence and those threatened by violent offenders in greater danger by delaying their access to self-defense tools. The lawsuit also claims that the law gives unelected bureaucrats the power to arbitrarily decide who gets to exercise their constitutional rights. “Permit-to-Purchase is an open invitation to the unethical and politically motivated to discriminate based upon the vague, arbitrary and capricious language of the bill. It also runs roughshod over the right to not be subject to unlawful search and seizure.”
federal CDC suggesting how to address those problems, Hague said in the statement. “It is well known that criminals, by definition, do not obey the law.”
The new law has been compared to a Maryland law recently struck down, and plaintiffs suggest that the Delaware law also defies established legal precedents. They are not suing the creators of the law but rather the Delaware Department of Safety and Homeland Security and other responsible officials for enforcing laws that plaintiffs believe infringe on their right to keep and bear arms.
Relevant articles:
– Lawsuit claims new Delaware gun permit law is unconstitutional , The News Journal, 05/17/2024
– State Sportsmen, others file lawsuit against permit-to-purchase law, Delaware Live, 05/17/2024
– Gov. John Carney signs permit-to-purchase into law, legal challenges ensue, Delaware First Media, 05/16/2024
– Judge says Delaware vanity plate rules allow viewpoint discrimination and are unconstitutional, NBC Washington, 05/16/2024
– Governor Carney Signs Senate Bill 2(S)–Gun Safety Legislation; DSSA Filing a Federal Lawsuit Challenging the New Law, WGMD Radio, 05/17/2024
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