GunsDelaware, U.S. Virgin Islands AWBs Could Be Next to...

Delaware, U.S. Virgin Islands AWBs Could Be Next to Fall

-


Estimated reading time: 3 minutes

While much of the 2A world has been focused on New Jersey’s assault weapon ban taking a major legal hit, Washington Gun Law President William Kirk says two more bans in the same federal appeals court may not be far behind.

In a new video, Kirk explains why he believes assault weapon bans in Delaware and the U.S. Virgin Islands are now on shaky legal ground following the Third Circuit’s recent decision in Cheeseman v. Platkin (also referred to as ANJRPC v. Platkin).

According to Kirk, the spotlight should especially be on the U.S. Virgin Islands, where the U.S. Department of Justice has filed its second motion for a preliminary injunction seeking to block enforcement of the territory’s assault weapon and magazine ban while the lawsuit moves forward.

The timing is noteworthy. Just weeks before the Third Circuit ruled that New Jersey’s assault weapon and magazine bans likely violate the Second Amendment, lawmakers in the U.S. Virgin Islands expanded their own restrictions by passing Act 9113, which broadened the territory’s existing assault weapon ban.

Kirk argues that puts the territory in a difficult legal position.

In the DOJ’s motion, attorneys contend the Third Circuit’s recent ruling leaves little room to defend either the assault weapon ban or the magazine capacity limits. The Justice Department argues the law should be blocked immediately because it is likely unconstitutional under controlling Third Circuit precedent.

One issue highlighted in the motion involves magazines. While the Virgin Islands grandfathered in certain firearms already owned before the law took effect, Kirk notes the legislation does not provide the same protection for many magazines. According to the DOJ, that leaves some owners with an impossible choice: surrender or destroy their magazines, or keep them and risk criminal prosecution.

Kirk also points out that the DOJ brought the lawsuit under 34 U.S.C. § 12601, a federal law that allows the government to seek court orders when it believes law enforcement agencies are engaged in a pattern or practice of violating constitutional rights.

Looking ahead, Kirk believes Delaware could soon find itself facing many of the same legal challenges because it falls under the same Third Circuit Court of Appeals. If the appellate court’s reasoning ultimately stands, he says both jurisdictions may be forced to defend assault weapon bans that now appear to be on increasingly uncertain legal footing.

As always, he encourages gun owners to follow these cases closely and stay informed as the litigation continues.

*** Buy and Sell on GunsAmerica! ***

Available on GunsAmerica Now

https://gunsamerica.com/listings/search



Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest news

Texas Gov.-Elect Who Said Carriers Need Background Checks Cannot Undo Constitutional Carry Without the Legislature

Key Takeaways Texas Gov.-elect Gina Hinojosa cannot repeal the state's constitutional carry law by executive order. Repealing or replacing the...

Armed Citizens Stop 37% of Active Shooter Attacks, CPRC Finds

For years, Americans have been told that armed citizens rarely stop active shooters. The FBI’s own statistics have...

No Charges Announced for St. Louis Man Who Stayed at Scene and Said He Shot After Being Attacked

Key Takeaways A 47-year-old man told St. Louis officers he shot another man on Canaan Avenue after being attacked...

CMP Launches Direct Membership, Expands M14 Rifle Purchase Limits

The Civilian Marksmanship Program (CMP) is making it easier for American gun owners to purchase historic military firearms...

Man Fatally Shoots Glock-Armed Suspect Robbing His Friend Outside Southwest Houston Convenience Store at 11:25 P.M.

Key Takeaways Three men attempted to rob a victim outside the Quick Food Store on Bissonnet Street in southwest...

New York Glock Ban List: PSA Dagger, Ruger RXM & More

New York State Police have released their list of so-called “convertible pistols,” identifying most Glock handguns and numerous...

Must read

SCOTUS Gun Watch 10/26/2026 | Duke Center for Firearms Law

Pending Petitions Case Name Case Number On Appeal From Issue Status Aguilar v....

You might also likeRELATED
Recommended to you