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

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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.”

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“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.”

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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.





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Delaware

Who governs matters: Why school board elections deserve your attention 

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Who governs matters: Why school board elections deserve your attention 


School board elections are one of the highest-leverage, lowest-participation decisions in Delaware. Turnout is low. Margins are small. In some cases, candidates run without a real contest. When voters do not engage, leadership is not selected. It is decided by default. When governance is decided by default, the system performs accordingly.

It’s clear that when residents fail to vote, it can have consequences — ones that most people recognize, but rarely connect to the ballot box. It shapes whether schools are focused on clear priorities or pulled in competing directions. It determines whether resources are invested in what improves student outcomes or spread thin. Those decisions show up in real ways: in the preparedness of students, the confidence of families, and the strength of Delaware’s workforce and economy.

In 2024, fewer than 5% of eligible voters cast ballots in Delaware school board elections, even as concern about outcomes, funding, and district leadership remained high across every sector of public life. The disconnect between what communities demand and how they participate is one of the most significant, and most solvable, barriers to progress in our state.

Data from the 2026 Delaware Opportunity Outlook reinforce this disconnect. A majority of Delawareans believe school board members have a direct influence on the quality of K–12 education, yet far fewer report understanding how improvement efforts are being carried out, or how decisions are made at the local level. In other words, people believe boards matter, but are not consistently using the one mechanism they have to influence who serves and how decisions are made.

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What governing actually requires 

A strong board member asks clear, outcome-focused questions and expects specific answers. They connect decisions to priorities, work through tradeoffs with colleagues, and ensure decisions are understood before the board moves forward. They listen for whether information reflects progress or activity, and press for clarity when it does not.

These are not intuitive responsibilities. They require preparation. School board governance is often treated as something individuals can step into without training, but these are complex roles that involve setting priorities, interpreting data, making tradeoffs, and ensuring decisions lead to results over time.

The Delaware Opportunity Outlook suggests that this is not how the role is widely understood. While Delawareans recognize that school boards influence the quality of education, far fewer identify training and professional preparation as essential. 

That gap has direct consequences. As the state advances new priorities, the effectiveness of those efforts will depend on whether local board members are prepared to implement them, monitor progress, and make results visible.

Delaware’s moment 

Delaware has established a clear direction for public education: defined priorities, a statewide literacy commitment, and a funding reform that will place significant new responsibilities on local boards. Plans set direction. Boards determine whether those plans turn into results.

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What happens next will not be determined by those plans alone. It will be determined by how effectively school boards translate those priorities into decisions, how consistently they track progress, and whether they make results visible to the public.

Candidate evaluation

Evaluating a candidate is straightforward: Can they name a small number of district priorities and explain why those matter? Can they describe what data they would review regularly and how they would use it? Can they explain how resources should align to outcomes and what they would do if results do not improve? Candidates who can answer those questions demonstrate an understanding of the role. Those who cannot speak to governance beyond the issues that brought them to the race may find the role more demanding than they anticipated.

Make your voice heard

Voting in a school board election is one of the few places where individual participation has a direct and immediate impact on how the system performs. School board elections are decided by small numbers of voters. Your decision to engage, or not, determines who governs. Choosing not to participate is not neutrality. It is a choice, and it carries the same weight as the vote itself.

Today, a decision will be made about who governs Delaware’s schools. You can be part of that decision, or it will be made without you. Either way, the results will show up in classrooms, in communities, and in the long-term strength of this state.

Find out who is running. Evaluate them on the work the role requires, not only on the positions they hold. Vote, and encourage others to do the same.

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For more details about voting in today’s elections, visit First State Educate’s 2026 School Board Elections page.



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Delaware

Pedestrian dies after being struck by vehicle in Delaware County

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Pedestrian dies after being struck by vehicle in Delaware County


Monday, May 11, 2026 10:57AM

Pedestrian dies after being struck by vehicle in Delaware County

TRAINER BOROUGH, Pa. (WPVI) — A person has died after being hit by a vehicle in Delaware County.

It happened around 2:45 a.m. on Monday in the 4300 block of West 9th Street in Trainer Borough.

Police and fire crews were called to the Parkview Mobile Home community for reports of a pedestrian hit by a car.

Officials say the victim went into cardiac arrest immediately after the crash.

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The investigation into the crash is ongoing.

Copyright © 2026 WPVI-TV. All Rights Reserved.



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Delaware State Police investigation shooting in Laurel – 47abc

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Delaware State Police investigation shooting in Laurel – 47abc


LAUREL, Del. — Delaware State Police are investigating a shooting in Laurel that left a 19-year-old man injured Friday afternoon and resulted in firearm charges against a Georgetown man, authorities said.

Troopers responded around 3:20 p.m. Friday to TidalHealth Nanticoke after the victim arrived at the hospital in a personal vehicle with non-life-threatening gunshot wounds, according to police. Investigators said the man had been shot in front of a residence on Portsville Road near Randall Street in Laurel.

Police said the victim was transported to the hospital in a blue Mazda 3 driven by 20-year-old Alexison Amisial of Georgetown. Troopers later located the vehicle and Amisial at First Stop Gas Station, where investigators said he was found carrying an untraceable firearm concealed in his waistband.

Amisial was taken into custody without incident and charged with carrying a concealed deadly weapon and possession of an untraceable firearm, both felonies, police said. He was arraigned in Justice of the Peace Court 3 and released on a $3,500 unsecured bond.

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The Delaware State Police Troop 4 Criminal Investigations Unit continues to investigate the shooting. Authorities are asking anyone with information to contact Detective R. Mitchell at 302-752-3794 or Delaware Crime Stoppers at 800-847-3333.





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