Press Release  AG Campbell Co-Leads Brief Supporting Delaware's Commonsense Gun Laws, Restrictions On Assault Weapons And Large-Capacity Magazines

BOSTON — Massachusetts Attorney General Andrea Joy Campbell co-led a coalition of 18 state attorneys general to file an amicus brief in Delaware State Sportsmen’s Association, Inc. v. Delaware Department of Safety and Homeland Security, defending Delaware’s commonsense laws that restrict access to assault weapons and large-capacity ammunition magazines.  

In the brief, filed today in the U.S. Court of Appeals for the Third Circuit, the states argue that the Second Amendment to the U.S. Constitution does not prevent states from enacting reasonable firearms regulations, including those that restrict possession of unusually dangerous weapons and accessories in order to protect public safety, prevent crime, and reduce the harms caused by gun violence. 

“In Massachusetts, we know that our strong gun laws save lives. We should use every opportunity to leverage our leadership and encourage states across the country to adopt similar measures,” said AG Campbell. “I’m proud to join with my fellow attorneys general in supporting Delaware’s restrictions on lethal weapons and accessories, and I hope that our collective efforts will improve the safety and well-being of people across the country.” 

In 2022, Delaware adopted laws that prohibit the possession and sale of assault weapons and limit possession of ammunition magazines capable of holding more than 17 rounds, also known as large-capacity magazines, to members of law enforcement and the armed forces and people with concealed carry permits. In Massachusetts, assault weapons are also banned, and large-capacity ammunition magazines can hold no more than 10 rounds. 

The state attorneys general collectively argue that Delaware’s restrictions are consistent with the Second Amendment because: 

• To encourage public safety, states can and do impose restrictions on dangerous weapons, accessories, and ammunition that pose a threat to communities: States have widely adopted reasonable restrictions to the public carry, possession, and sale of many types of weapons, accessories, and forms of ammunition that are not suitable for self-defense and undermine the public’s safety. These restrictions are intended to reduce injuries and deaths, while leaving many other options available for individuals who wish to exercise the core Second Amendment right to self-defense. 
• Assault weapons and large-capacity magazines are not protected by the Second Amendment because they are not commonly used or suitable for self-defense: The Second Amendment protects only firearms that are commonly used or suitable for self-defense. The states argue that assault weapons and large-capacity magazines do not meet this requirement because they are “designed to inflict catastrophic injuries by firing high-velocity bullets at long range, and they can easily penetrate walls to injure bystanders, making them poor civilian self-defense weapons”. 
• Delaware’s laws are consistent with historical restrictions on new, and distinctly dangerous, forms of weaponry: As novel weapons and accessories have emerged, and become more dangerous over time, states have historically implemented regulations to limit the public’s access to uniquely lethal forms of weaponry that carry little utility for self-defense.  

The brief is the latest effort by the AG’s Office to defend commonsense gun laws in order to prioritize the safety of the public both in the Commonwealth and across the country. Earlier this week, AG Campbell filed an amicus brief in United States v. Rahimi, joining 24 attorneys general in calling on the U.S. Supreme Court to reverse a lower court’s decision striking down a federal statute that bars individuals subject to domestic violence restraining orders from accessing guns. 

The amicus brief was co-led by Massachusetts Attorney General Andrea Joy Campbell and New Jersey Attorney General Matthew Platkin. It was joined by the Attorneys General of California, Colorado, Connecticut, District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington. 

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