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While much of the 2A world has been focused on New Jersey’s assault weapon ban taking a major legal hit, Washington Gun Law President William Kirk says two more bans in the same federal appeals court may not be far behind.
In a new video, Kirk explains why he believes assault weapon bans in Delaware and the U.S. Virgin Islands are now on shaky legal ground following the Third Circuit’s recent decision in Cheeseman v. Platkin (also referred to as ANJRPC v. Platkin).
According to Kirk, the spotlight should especially be on the U.S. Virgin Islands, where the U.S. Department of Justice has filed its second motion for a preliminary injunction seeking to block enforcement of the territory’s assault weapon and magazine ban while the lawsuit moves forward.
The timing is noteworthy. Just weeks before the Third Circuit ruled that New Jersey’s assault weapon and magazine bans likely violate the Second Amendment, lawmakers in the U.S. Virgin Islands expanded their own restrictions by passing Act 9113, which broadened the territory’s existing assault weapon ban.
Kirk argues that puts the territory in a difficult legal position.
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In the DOJ’s motion, attorneys contend the Third Circuit’s recent ruling leaves little room to defend either the assault weapon ban or the magazine capacity limits. The Justice Department argues the law should be blocked immediately because it is likely unconstitutional under controlling Third Circuit precedent.
One issue highlighted in the motion involves magazines. While the Virgin Islands grandfathered in certain firearms already owned before the law took effect, Kirk notes the legislation does not provide the same protection for many magazines. According to the DOJ, that leaves some owners with an impossible choice: surrender or destroy their magazines, or keep them and risk criminal prosecution.
Kirk also points out that the DOJ brought the lawsuit under 34 U.S.C. § 12601, a federal law that allows the government to seek court orders when it believes law enforcement agencies are engaged in a pattern or practice of violating constitutional rights.
Looking ahead, Kirk believes Delaware could soon find itself facing many of the same legal challenges because it falls under the same Third Circuit Court of Appeals. If the appellate court’s reasoning ultimately stands, he says both jurisdictions may be forced to defend assault weapon bans that now appear to be on increasingly uncertain legal footing.
As always, he encourages gun owners to follow these cases closely and stay informed as the litigation continues.
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
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