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NRA-ILA Backed Lawsuit Challenges Delaware’s Ban on So-Called “Assault Weapons”

NRA-ILA Backed Lawsuit Challenges Delaware’s Ban on So-Called “Assault Weapons”

On the heels of our Supreme Court victory in NYSRPA v. Bruen, Governor Carney and his allies in the state legislatures decided to further infringe on the Second Amendment rights of law-abiding Delawareans by signing H.B. 450 into law. NRA-ILA partnered with the Delaware State Sportsmen’s Association and others and filed a lawsuit challenging H.B. 450 yesterday.

“[T]he State of Delaware criminalized possession, transportation and sale of common firearms used by law abiding citizens for lawful purposes—mislabeling them as “assault weapons” —making it a felony for law-abiding citizens to exercise their fundamental right to keep and bear such arms, the lawsuit alleges. “The State of Delaware mislabels scores of common rifles, common shotguns, common pistols, and ‘copycat’ weapons with a misnomer of ‘assault weapons’—and bans all of them outright.” Not only does the bill fail to address actual criminal conduct, but it places the lives of gun owners and their loved ones in jeopardy by banning commonly-owned semi-automatic firearms.

This is the Fourth time that NRA-ILA has partnered with the Delaware State Sportsmen’s Association to challenge unconstitutional laws in Delaware. Back in 2014, we struck a policy that prohibited firearms in public housing. Then in 2017, we successfully struck to regulations that banned possessing firearms in state parks and forests. And in 2020, we struck a ban on hunting with semi-automatic firearms. NRA-ILA is proud to continue partnering with the Delaware State Sportsmen’s Association to ensure that the right to keep and bear arms is a reality in the Blue Hen State.

The case is captioned Delaware State Sportsmen’s Association v. Delaware Department of Safety and Homeland Security.

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Winchester 1895 Sporting Rifle, chambered in 38-72 WCF

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Magnetospeed Sporter. What it does and what it does not do.

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A Colt from the Little Bighorn

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PROBLEM-SOLVING, KENTUCKY-STYLE WHEELGUN DIARIES WRITTEN BY JOE KRIZ

They say every gun has a story. A reader submission series from American Handgunner, Wheelgun Diaries seeks to tell some of those stories through the words of revolver owners.

The following stories were shared by email with permission to publish.

 

Problem-Solving, Kentucky-Style

 

In April 1963, I bought a used flattop Ruger Blackhawk in .357 Magnum for $50. That May, I flew to Anchorage, Alaska — just 30 days after the earthquake and tsunami that pretty much wrecked the state — where I worked for four months as a biologist aide. For two weeks that summer, I ran the Salcha Creek fish hatchery, located halfway between Fairbanks and Big Delta.

One day, while returning from the supply store located 50 miles away, I ran into a game warden in a one-ton truck with a Derrick mounted in the bed. He had just pulled a world class bull moose out of a bog that had been shot by some villain just for sport. It was 80 degrees and the moose had been dead for days. The question was, would the moose blow up or break in half when wrenched onto the truck?

While we were pondering the dilemma, a state trooper showed up. Then a geologist. Then another biologist. I figured half the state’s employees within 500 miles were there. Much pondering ensued with no solution. Since I was from Kentucky, I had been taught any problem that could not be solved by a bigger hammer could be solved by a big gun, and well, I had a big short-barreled .357 in a cross draw holster just begging “use me, use me!” Three shots later, the moose collapsed with much flatulence and problem was solved, Kentucky-style. I spun the Ruger around my finger several times and popped it in my holster as good as any Hollywood cowboy.

Now with the warden’s truck serving as a hearse, the whole gaggle set off for the nearby mighty Tanana River for a watery burial. A huge, nasty drainage, the Tanana runs about 20 miles an hour and took the dumped moose quickly. We all stood in reverent silence, drinking from the now warm case of beer I had in my vehicle.

When I finished my first beverage, I thought I would engage in an old Kentucky sport — throw the bottle upstream and shoot at it as it floats by. So, I did — piece of cake! The accompanying trooper bet $5 I couldn’t do it again. Bang! Thinking I had to miss some time, this repeated until I had all of their money. With empty wallets, they drove off, but not before taking the rest of my beer. It was 50 miles back to the store for more drinks and ammo, but now, with a reputation to uphold.

The Kentuckian

 

A Spanish Snubbie

 

I live in a country (Spain) where firearm ownership is rigorously restricted. However, it hasn’t always been that way. Under General Francisco Franco’s regimen, handgun permits were easier to obtain than nowadays as violence was extremely uncommon at the time, but that changed when he died in late-1975 and democracy brought the unexpected phenomenon of rising street crime. Gun laws also became more restrictive.

During this time, my Dad asked a friend for a favor, and a small, nickel, top-break snubbie revolver chambered in .38 S&W (known as “38 Corto” in Spain) found its way into our home. A Spanish Eibar replica of a Smith & Wesson revolver, it wasn’t a great gun, but it was all that was available to him. Dad allowed us to handle the unloaded gun under his close supervision, which was the very first handgun I had seen and handled.

As a kid, I was fascinated with it, and when I was 18, I obtained my sporting handgun license and came to own better handguns — but I always liked to clean and handle that old revolver. One day, a few years ago, I was visiting my dad, who was ill, and presented me the handgun. He died just a few months ago. Today, I cherish that old revolver more than ever as it brings back memories of a great and loved man.

Álvaro Vicena
Spain

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Radical Defense M249FVS: Laser Sintering Meets Lewis Gun

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The BEST 12ga. Shotgun Slug – you NEVER heard of!

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South Carolina: Lawmaker Wants Gun Ban & Confiscation

South Carolina: Lawmaker Wants Gun Ban & Confiscation

State Representative Wendell Gilliard (D-111) announced that he will pre-file legislation to ban many commonly-owned rifles, shotguns, and handguns that law-abiding citizens use for self-defense and sport, and require current owners to surrender them. While the text of the legislation is not yet available, it will likely be similar to other so-called “assault weapons” bans that demonize these firearms based on arbitrary features that do not alter how they function.

We are confident that the pro-Second Amendment majority in the South Carolina legislature will be ready to fight any such scheme, but this highlights how our rights are at stake during every election cycle. Law-abiding gun owners must be ready to turn-out to the polls to ensure they elect officials who will work to protect their rights. Please stay tuned to www.nraila.org and your email inbox for further updates.

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BREAKING: LAPD Stops Enforcement of California’s ‘High Capacity’ Magazine Ban By TTAG Contributor

By Lee Williams 

The Los Angeles Police Department has stopped enforcing California’s state law banning “high capacity” magazines, according to an internal LAPD email obtained by the Second Amendment Foundation’s Investigative Journalism Project. 

The email was sent Wednesday morning to all LAPD personnel by Commander Ernest Eskridge, assistant commanding officer of the department’s Detective Bureau. 

Eskridge noted that on June 23, the “United States Supreme Court vacated the ruling in Duncan v. Bonta and remanded the case back to the 9th Circuit Court of Appeal for further consideration in light of its recent decision in New York State Rifle and Pistol Association v. Bruen.” 

Because of this ruling, Eskridge said in the email, all sworn LAPD personnel shall not “investigate, detain or arrest” anyone for possessing a magazine capable of holding more than 10 rounds, unless they are already legally barred from possession ammunition in the state.

There were three issues in Duncan v. Bonta: whether a law prohibiting law-abiding citizens from possessing magazines in common use violates the Second Amendment; whether confiscating legally obtained magazines violated the Fifth Amendment’s “takings clause;” and whether the “two-step” approach the 9th Circuit and other courts applied to Second Amendment cases is constitutional and meets Supreme Court precedents. 

In its Bruen decision, the Supreme Court held that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home and that New York’s “special need” requirement for a concealed-carry permit violates those protections. It also ruled that the two-step rights balancing method by which many gun control laws have been upheld since Heller violates the Second Amendment.

Please check back throughout the day for more on this breaking story. 

 

The Second Amendment Foundation’s Investigative Journalism Project wouldn’t be possible without you. Click here to make a tax-deductible donation to support pro-gun stories like this.

 

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Another Good Guy with a Gun Stops the Bad Guy

Another Good Guy with a Gun Stops the Bad Guy

On July 19, 22-year-old Elisjsha Dicken was shopping with his girlfriend at the Greenwood Park Mall in Greenwood, Ind. when a gunman armed with a rifle opened fire in the food court. Upon witnessing the heinous crime, Dicken acted. The young man drew the Glock handgun he was concealed carrying and engaged the shooter as he gestured for others to flee.

According to reports, Dicken initially confronted the shooter at a distance of 30-40 yards. Demonstrating significant marksmanship under pressure, the armed citizen neutralized the threat in just 15 seconds – landing 8 of 10 shots on the evildoer.

Sadly, the criminal killed three people before Dicken dispatched him. However, Dickens unquestionably saved many innocents through his heroic actions.

Some initial reports indicated that Dicken was lawfully carrying a firearm in the mall due to Indiana’s new NRA-supported constitutional carry law, which went into effect July 1. However, Dicken’s attorney, Guy A. Relford, released a statement noting that the armed citizen is a lifetime Indiana Right-to-Carry permit holder.

The Greenwood Police Department was effusive in its praise for the armed citizen. Greenwood Police Chief James Ison called Dicken’s actions “nothing short of heroic.” Describing the scene, Ison explained, “[Dicken] engaged the gunman from quite a distance with a handgun and was very proficient in that, very tactically sound. And as he moved to close in on the suspect, he was also motioning for people to exit behind him.” The police chief added, “Many more people would have died last night if not for a responsible armed citizen.”

Praising Dicken, Greenwood Mayor Mark Myers stated, “We’re very thankful for a young 22-year-old man, who stopped this violent act. This young man, Greenwood’s good Samaritan, acted within seconds, stopping the shooter and saving countless lives,” adding, “Our city, our community and our state is grateful for his heroism in this situation.”

Since the incident, Dicken has been understandably reluctant to speak with the media, instead his attorney released the following statement:

I am proud to serve as Eli Dickens’ attorney and spokesperson. He is a true American hero who saved countless lives during a horrific event that could have been so much worse if not for Eli’s courage, preparedness and willingness to protect others. Because we want to respect the on-going criminal investigation by the Greenwood Police Department and take time to honor the three innocent lives lost, we won’t be making any substantive comments on Sunday’s events until after the authorities’ investigation is closed. In the interim, we ask that you respect the privacy of Eli and his family.

Sensing a threat to their anti-gun narrative, the more pathetic elements of the gun control effort have sought to downplay Dicken’s heroism. Moms Demand Action Founder and left-wing social media gadfly Shannon Watts took to Twitter to declare:

I don’t know who needs to hear this but when a 22-year-old illegally brings a loaded gun into a mall and kills a mass shooter armed with an AR-15 after he already killed three people and wounded others is not a ringing endorsement of our implementation of the Second Amendment.

First, Dicken did not behave “illegally.” Even though the mall had a no firearms policy, as Relford aptly explained to the Indianapolis Star, in Indiana that simply means that if someone carrying a gun is asked to leave they must do so, or otherwise they are trespassing. Relford noted, “So the fact that (Greenwood Park Mall) had a no-gun policy creates no legal issue whatsoever for this gentleman… and it certainly has no effect whatsoever on his ability to use force to defend himself or to defend the other people in the mall.” Dicken’s attorney subsequently reminded Watts that “falsely accusing someone of committing a crime is ‘defamation per se.’”

Watts and her anti-gun comrades have good reason to downplay Dicken’s heroism. As more Americans are exercising their Right-to-Carry, the more obvious it becomes that good guys with guns are an effective means to confront violent criminals

Research has shown that Americans use guns to defend themselves more than 1 million – and up to 2.5 million – times per year.

The FBI has acknowledged the important role civilian intervention can play in ending high-profile shooting incidents. FBI’s “Active Shooter Incidents in the United States in 2016 and 2017” report stated,

Armed and unarmed citizens engaged the shooter in 10 incidents. They safely and successfully ended the shootings in eight of those incidents. Their selfless actions likely saved many lives. The enhanced threat posed by active shooters and the swiftness with which active shooter incidents unfold support the importance of preparation by law enforcement officers and citizens alike.

Moreover, research conducted by Economist John R. Lott suggests that the FBI tally of armed citizens stopping active shooters is an undercount.

Then there are the headline-grabbing stories of armed citizens defending themselves and others from senseless violence. In May, a Charleston, W.V. woman exercising her Right-to-Carry shot and killed a gunman who was shooting into a crowd of people. In 2019, NRA firearms instructor Jack Wilson felled an armed gunman who opened fire in the West Freeway Church of Christ in White Settlement, Texas. In 2017, armed citizen Stephen Willeford used his AR-15 to confront a mass shooter at First Baptist Church in Sutherland Springs, Texas.

Dicken’s heroic actions serve as another important example that the only thing that stops a bad guy with a gun is a good guy with a gun.