AG Knudsen Leads 20-state effort in support of Second Amendment
HELENA – Montana Attorney General Austin Knudsen led a coalition of 20 state attorneys general in asking the U.S. Court of Appeals for the Third Circuit to reverse the district court’s decision and enjoin an unconstitutional set of laws passed by the Delaware legislature prohibiting the manufacture, purchase, sale, or possession of so-called “assault weapons” – commonly used by law-abiding Americans for self-defense – and large-capacity magazines (LCMs).
The attorneys general filed an amicus brief Monday in support of Delaware State Sportsmen’s Association, Inc. in their case against the Delaware Department of Safety and Homeland Security stating that two Delaware bills violate the Second Amendment. House Bill 450 imposes a ban on 44 semi-automatic “assault long guns” – including the AR-15 and more – 19 semi-automatic “assault pistols,” and copycat weapons, while Senate Substitute 1 for Senate Bill 6 imposes a ban on magazines capable of accepting or holding more than 17 rounds of ammunition.
“The Second Amendment stands as a reminder to state governments that ‘the people’ have a ‘pre-existing’ right to keep and bear arms. And it extends to all ‘bearable arms,’ including arms carried ‘for offensive or defensive action in a case of conflict,’” the brief states.
According to District of Columbia v. Heller and New York State Rifle & Pistol Association, Inc. v. Bruen, the courts must determine whether modern firearm regulations are consistent with the Second Amendment’s text and historical understanding, and Delaware fails to show that its so-called “assault weapon” and LCM bans align with this nation’s tradition of firearm regulation. While one of Delaware’s experts in the case points to multiple historical state regulations which were designed to reduce criminal activity at the time, none of those regulations imposed an outright ban on the prohibited arms. Therefore, the burden HB 450 and SS1 both impose is not similar or justified based on the rights guaranteed by the Second Amendment.
“The Second Amendment guarantees all Americans the right to bear arms for self-defense and other lawful purposes ‘subject to certain reasonable, well-defined restrictions,’” the brief states. “No doubt HB 450 and SS 1 were motivated by an understandable concern with the recent rise in mass shooting incidents, but they are inconsistent with this Nation’s historical tradition of regulating dangerous and unusual weapons. This Court should reverse.”
The brief also points out that courts need to do more than simply count the number of state laws that generally regulate arms, they also need to prove how those laws address the scope of the Second Amendment and the right guaranteed to American citizens.
Click here to read the full brief.
Attorneys general from Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, South Carolina, South Dakota, Utah, Virginia, West Virginia, and Wyoming also signed on in support.
Attorney General Knudsen has been actively fighting the targeting of the firearms industry and Montanans’ gun rights. He asked major shipping companies to clarify their gun-purchase tracking policies and called on YouTube to stop censoring firearm-related speech. He also filed a lawsuit against the Biden administration’s unlawful pistol brace rule.
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