Delaware facing federal lawsuit over large capacity magazine ban

Delaware is facing a legal challenge over its ban on large capacity magazines from a group which claims it violates the constitutional right to bear arms.

A lawsuit filed Thursday in U.S. District Court by the Second Amendment Foundation on behalf of two gun owners, alleges the state’s new gun restrictions violate the Second and Fourteenth Amendments by preventing them from “exercising their fundamental right to keep and bear arms.

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The lawsuit asks a federal judge to grant preliminary and permanent injunctions preventing the state from enforcing the restrictions on large capacity magazines.

“Delaware arbitrarily labels standard capacity magazines capable of holding more than 17 rounds as “large capacity magazines” and bans them despite the fact that they, along with the firearms with which they are compatible, are in common use for lawful purposes,” lawyers for the plaintiffs wrote in a 25 page complaint. “There is no historical tradition of this sort of firearm regulation in the United States.”

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