Connect with us

Delaware

Third Circuit Court of Appeals hears oral arguments on two Delaware gun safety laws

Published

on

Third Circuit Court of Appeals hears oral arguments on two Delaware gun safety laws


The Third Circuit Court of Appeals hears oral arguments on Monday on a Delaware gun groups’ efforts to halt recently passed gun safety laws.

In April 2023, a federal judge denied the Delaware State Sportsmen’s Association’s (DSSA) request for a preliminary injunction against Delaware’s ban on assault weapons and large capacity magazines (LCM).

In their original complaint, DSSA argues these laws violate the Second Amendment of the U.S. Constitution, as well as the state’s constitution, which says a person has the right to bear arms for self defense.

The federal judge’s ruling denying the preliminary injunction argues there are other non-assault weapons that can be used for self-defense and found the state is justified in regulating these types of weapons “to ensure the safety of Delawareans.”

Advertisement

“I find that the LCM and assault long gun prohibitions of HB 450 and SS 1 for SB 6 are consistent with the Nation’s historical tradition of firearm regulation. Plaintiffs have therefore failed to demonstrate a likelihood of success on the merits of their Second Amendment claim,” Judge Richard Andrews adds.

DSSA appealed that decision, but Delaware Attorney General Kathy Jennings is confident the court will deny the appeal and ultimately uphold the constitutionality of these laws.

“The idea that the founders envisioned anything like an AR-15 when they drafted the constitution is delusional. These guns originated as weapons of war, were marketed based on their military pedigree and have have emerged as the clear weapon of choice for mass shooters at a time when guns are the leading cause of death for children in our nation,” Jennings says.

New Jersey Attorney General Matthew Platkin agrees with Jennings, noting New Jersey holds similar gun laws to Delaware and also falls under the jurisdiction of the Third Circuit.

“You are six times more likely to be shot and killed in Mississippi than in New jersey. That’s because of the strong gun laws that we have, how we enforce them and, as evidence today, how we along with states like Delaware and states across the country that have stood up to the NRA and others who would like to make our states less safe, in how we defend them,” Platkin says. “So I am very proud to be a part of this effort, and I’m confident that when the court hears the arguments, they will agree with us that these laws make sense, and they are entirely consistent with the constitution.”

Advertisement

Pennsylvania also falls within the Third Circuit, and Attorney General Michelle Henry says she supports Delaware: “I stand proudly next to partners in Delaware and New Jersey as leaders in stating our case that the line has to be drawn between maintaining freedoms essential to Pennsylvanians and our obligations as chief law enforcer to protect children, families, and communities from further harm.”

16 other states have joined New Jersey and Pennsylvania in filing a brief supporting the state of Delaware, while 20 states have filed a brief in support of the Delaware gun group’s attempt to overturn the decision.

Jennings says following Monday’s oral arguments, the state anticipates the Third Circuit Court of Appeals will issue a decision within the next few months.





Source link

Advertisement

Delaware

Done Deal: 695 Delaware Avenue – Buffalo Rising

Published

on

Done Deal: 695 Delaware Avenue – Buffalo Rising


Ellicott Development has expanded it local property portfolio. Ellicott’s 4628 Group Inc. purchased 695 Delaware Avenue on Wednesday for $1.025 million. Fred Kaplan Living Trust was the seller. The 8,454 sq.ft., three-story barn-like structure with mansard roofed addition is occupied by media production and marketing firm Crosswater Digital Media. It was the home of WKBW radio for a number of years. The property totals 0.4 acres in size with a large parking lot fronting Delaware Avenue.

The property is bookended by the Westbrook Apartments and Wilcox House apartment buildings, both ten-story structures. It sits across the street from 700 Delaware, the former Computer Task Group Building Ellicott purchased in 2018 and is now occupied by the NYS Department of Environmental Conservation.



Source link

Continue Reading

Delaware

Man, 77, dies after collision with teen driver near Hartly, police say

Published

on

Man, 77, dies after collision with teen driver near Hartly, police say


play

A 77-year-old man died following a two-car crash near Hartly on the morning of Dec. 10, Delaware State Police said.

The man, from the Dover area, has not been identified by police pending family notification.

Advertisement

According to police reports, the man was driving a Honda Accord east on Judith Road approaching Hartly Road about 9 a.m., as an 18-year-old woman was driving a Ford Focus south on Hartly Road approaching Judith Road.

Police reported that a preliminary investigation shows the Honda moved from the stop sign into the Ford’s path, causing a collision.

The man was pronounced dead at the scene. The woman, from Hartly, was treated at the scene. Police said she refused to be taken to a hospital.

Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.

Advertisement



Source link

Continue Reading

Delaware

Delaware County approves 19% property tax hike in 4-1 vote

Published

on

Delaware County approves 19% property tax hike in 4-1 vote


MEDIA, Pa. (WPVI) — Delaware County Council voted 4-1 Wednesday night to approve a budget that includes a 19% property tax increase, despite objections from residents.

Property owners with a home assessed at $255,000 will pay about $188 more annually under the new budget, which takes effect next month.

Before the vote, some residents urged council to reconsider.

“I ask council to revisit the proposed budget, forgo voting tonight, avoid solving the entire deficit on the back of the hardworking taxpayers,” said Cynthia Sabitini of Upper Providence Township.

Advertisement

One councilmember agreed, but most did not.

“Simply put, I feel that the increase is too drastic,” said Councilmember Elaine Paul Schaefer.

“This needs to occur. I don’t like it, but it’s what has to occur,” said Councilmember Kevin Madden.

The hike follows a 23% increase last year and a 5% increase the year before. County officials say tax hikes were minimal for a decade, forcing steep increases now.

The current all-Democratic council argues they’re righting the financial ship after past Republican leaders didn’t do enough.

Advertisement

“For the first time in more than a decade, this budget puts Delaware County on track to have a truly balanced budget,” said Council Chair Dr. Monica Taylor.

County leaders say the increase addresses a structural deficit, but opponents blame spending on projects such as de-privatizing George Hill Correctional Center and creating a health department.

“How do you justify coming in with a deficit and then saying you’re repairing it after you grew it?” said Michael Straw of Media Borough Republicans.

Officials say future hikes should be minimal if the county makes any request at all, but some remain skeptical.

“I have my doubts that we won’t be seeing increases in the future,” Straw said.

Advertisement

Copyright © 2025 WPVI-TV. All Rights Reserved.



Source link

Continue Reading

Trending