By Lee Williams
SAF Investigative Journalism Project
To understand what would happen to our Second Amendment rights if Joe Biden was unburdened by the constitution, the Supreme Court or any political opposition, look no further than his deep-blue state of Delaware.
Democrats control Delaware’s entire General Assembly, the governor’s office and most boards, commissions, judgeships and appointments. It shows.
ARs and scores of other popular semi-autos are banned, as are standard-capacity magazines. Delawareans must obtain a state permit to simply purchase a handgun. There are red flags, universal background checks, homemade firearm prohibitions and don’t even think of standing your ground. Everytown ranks The First State 12th nationally in terms of its anti-gun laws. In fact, the state has become a gun controller’s dream.
Delaware Attorney General Kathy Jennings is responsible for many of the most recent anti-gun laws, and she vigorously defends their constitutionality in court, even though she knows many are no longer constitutional.
“I spend each and every day fighting gun violence in our state,” Jennings said in a video posted on her social media. She did not return calls or emails seeking her comments for this story.
A deep dive into Jennings’ taxpayer funded anti-gun activism reveals that she – like her friend Joe Biden – doesn’t let the constitution get in her way. When Jennings wants to infringe upon the Second Amendment, the constitution isn’t even an afterthought.
“Attorney General Jennings along with Governor Carney together serve as a clear and present danger to the Constitution of the United States when it comes to the Second and Fourteenth Amendments and Art. I, Section 20 of the Delaware Constitution,” said John Sigler, past-president of the Delaware State Sportsmen’s Association, past-president of the National Rifle Association and senior member of the Delaware Bar.
Specious Arguments
Jennings claims to possess a special insight and understanding of what the Founders actually meant when they wrote the Bill of Rights – especially the Second Amendment.
“The idea that the Founders envisioned anything like an AR-15 when they drafted the Constitution is a delusion,” Jennings said last month in a joint press release, along with Attorneys General from New Jersey and Pennsylvania. “These guns originated as weapons of war, were marketed based on their military pedigree, and 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 country. The gun lobby’s continuing pursuit of blood money is appalling and flat-out wrong on the merits. We are proud to defend these laws.”
Jennings is partially correct, of course. It is highly unlikely the Founders ever envisioned an AR or an AK, but her argument is moot. It doesn’t matter what the Founders envisioned. Technology may change over time, but our civil rights don’t.
The Founders likely never envisioned offset presses, electric typewriters, cell phones, computers, texts, emails, online news sites, social media or TikTok influencers, yet they and their work product are protected by the First Amendment.
The Founders could never comprehend ATF’s knock-and-talk interrogations, electronic surveillance, Title III wire taps, no-knock search warrants, drones and FISA warrants, yet the Fourth Amendment protects Americans from these and other intrusions into their homes.
Jennings’ false claim that firearms are the leading cause of death for American children has been roundly debunked – even by the corporate media – yet she and Biden continue to repeat this falsehood when calling for increased firearm regulations.
Also, the Second Amendment has always protected weapons of war. That’s kind of the point.
Lawfare
June 23, 2022, was a dark day for Joe Biden, or more accurately for the unelected White House bureaucrats who control him and his teleprompter. The United States Supreme Court issued its landmark Bruen opinion, which curbs the State’s ability to wantonly regulate arms and invalidated many of the anti-gun laws already on the books.
The White House needed to push back against the High Court, and there was no better place to do it than Biden’s home state, which was under total Democrat control. At that time, Delaware’s legislative session was winding down. The Delaware State Sportsmen’s Association (DSSA) had successfully thwarted a handful of anti-gun bills.
Jennings, Gov. Carney and all members of the Democratic caucus from both chambers were suddenly summoned to a conference call with the White House. Afterward, the Democrats introduced a trio of anti-gun bills, which were fast-tracked through the legislative process. One lobbyist referred to it as a “blitzkrieg.”
One bill banned “assault weapons.” The second banned all magazines capable of holding more than 17-rounds. The third prohibited anyone under 21 from “purchasing, owning, possessing, or controlling a firearm or ammunition of a firearm except under limited circumstances.”
Jennings played a significant role in passing the legislation. She worked closely with far-left progressives in the General Assembly to carry out orders from the White House and – to be clear – she knew the bills were unconstitutional because of Bruen. One lawmaker objected on these grounds. “Sue us,” was the response he received. Another state representative tried to argue that since the bills raised serious constitutional issues, they should be given more time. He was ignored. A Democratic state representative later told the DSSA he had no choice but to support the bills. A massive amount of pressure, he said, was coming “from above.”
Gov. Carney signed the bills into law on June 30, 2022, just seven days after Bruen. The Biden-Harris administration needed a quick victory to push back against Bruen, and they got it.
The DSSA quickly sought to block the legislation, which is known as the Delaware Lethal Firearms Safety Act of 2022. On Monday, the Third Circuit Court of Appeals denied the DSSA’s motion to overturn the district court’s denial for a temporary injunction, while the DSSA is seeking a permanent injunction against the Act. The appellate court specifically refrained from ruling on the merits of the case.
Jennings has referred to the DSSA as “extremist NRA-affiliated plaintiffs,” but rather than using staff attorneys from her office to defend against the group’s suit, Jennings contracted with a private law firm. The DSSA has been told that some of the money for these private attorneys is coming from the gun-ban industry.
The lawsuit, Delaware State Sportsmen’s Association v. Delaware Department of Safety & Homeland Security, remains ongoing.
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