Delaware News

Federal Court Rules for State, Against Gun Lobby on Landmark Gun Safety Law

Department of Justice Press Releases | Date Posted: Monday, September 11, 2023


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A federal judge has denied another right-wing challenge to a commonsense gun safety law that allows gun dealers in Delaware to be held accountable in court for the violence they create.  

This is Attorney General Kathy Jennings’ third consecutive legal win over the gun lobby.  Earlier this year, the same federal court ruled against plaintiffs challenging Delaware’s assault weapons ban and large-capacity magazine ban.  Both remain in effect, as well. 

“Sometimes the facts of a case tell you all you need to know,” said AG Jennings. “The gun lobby claims to speak for gun owners, but at day’s end its masters have always been corporate and its priority is protecting profits, full stop. This kind of liability shield is unexampled in Delaware law. It is a massive giveaway to a special interest that gives the people of this state nothing in return. The gun lobby will continue to fight for their profits. We will continue to fight for our neighbors.” 

In an opinion made public late Friday, Judge Richard G. Andrews of the U.S. District Court for the District of Delaware dismissed a challenge by the National Shooting Sports Foundation — a gun industry front group — to Delaware’s Keshall ‘KeKe’ Anderson Safe Firearm Sales Act, sponsored by Sen. Bryan Townsend.  The act, passed into law in 2022, is named for KeKe Anderson, an innocent bystander who was killed in a 2016 shooting involving a firearm bought through a straw purchase at Cabela’s. The bill repeals special immunity granted to gun dealers like Cabela’s under state law, making Delaware the first state in the country to repeal a gun industry liability shield. Judge Andrews found that the NSSF lacked standing to challenge the law in court. 

The law plays a part in an ongoing DOJ investigation into whether Cabela’s violated various laws through its hands-off approach to the shoplifting of ammunition from its Christiana location. The investigation began over reports that substantial amounts of ammunition were being stolen from Cabela’s, which at the time stored ammunition unsecured in the middle of the sales floor and made no apparent effort to stop massive shoplifting.  

This matter is being led for the DOJ by Deputy Attorneys General Nicholas Picollelli, Zi-Xiang Shen, and Kenneth Wan, with support from Paralegals Jennifer Mitchell and Karen Truitt. 

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Federal Court Rules for State, Against Gun Lobby on Landmark Gun Safety Law

Department of Justice Press Releases | Date Posted: Monday, September 11, 2023


Navy blue background featuring the Delaware state seal in the center

A federal judge has denied another right-wing challenge to a commonsense gun safety law that allows gun dealers in Delaware to be held accountable in court for the violence they create.  

This is Attorney General Kathy Jennings’ third consecutive legal win over the gun lobby.  Earlier this year, the same federal court ruled against plaintiffs challenging Delaware’s assault weapons ban and large-capacity magazine ban.  Both remain in effect, as well. 

“Sometimes the facts of a case tell you all you need to know,” said AG Jennings. “The gun lobby claims to speak for gun owners, but at day’s end its masters have always been corporate and its priority is protecting profits, full stop. This kind of liability shield is unexampled in Delaware law. It is a massive giveaway to a special interest that gives the people of this state nothing in return. The gun lobby will continue to fight for their profits. We will continue to fight for our neighbors.” 

In an opinion made public late Friday, Judge Richard G. Andrews of the U.S. District Court for the District of Delaware dismissed a challenge by the National Shooting Sports Foundation — a gun industry front group — to Delaware’s Keshall ‘KeKe’ Anderson Safe Firearm Sales Act, sponsored by Sen. Bryan Townsend.  The act, passed into law in 2022, is named for KeKe Anderson, an innocent bystander who was killed in a 2016 shooting involving a firearm bought through a straw purchase at Cabela’s. The bill repeals special immunity granted to gun dealers like Cabela’s under state law, making Delaware the first state in the country to repeal a gun industry liability shield. Judge Andrews found that the NSSF lacked standing to challenge the law in court. 

The law plays a part in an ongoing DOJ investigation into whether Cabela’s violated various laws through its hands-off approach to the shoplifting of ammunition from its Christiana location. The investigation began over reports that substantial amounts of ammunition were being stolen from Cabela’s, which at the time stored ammunition unsecured in the middle of the sales floor and made no apparent effort to stop massive shoplifting.  

This matter is being led for the DOJ by Deputy Attorneys General Nicholas Picollelli, Zi-Xiang Shen, and Kenneth Wan, with support from Paralegals Jennifer Mitchell and Karen Truitt. 

image_printPrint


Graphic that represents delaware news on a mobile phone

Keep up to date by receiving a daily digest email, around noon, of current news release posts from state agencies on news.delaware.gov.

Here you can subscribe to future news updates.