Appeal filed to stop handgun law

One day after Delaware’s handgun permit law went into effect, plaintiffs in a federal lawsuit against the new law filed an appeal Nov. 17 asking for expedited injunctive relief.

Delaware District Judge Maryellen Noreika denied relief in a Nov. 14 order in which plaintiffs Thomas S. Neuberger, William R. Hague Jr., Jerry Marin, the Delaware State Sportsmen’s Association and the Bridgeville Rifle & Pistol Club were dismissed, leaving Bruce C. Smith and Bridgeville Kenpo Karate doing business as BKK Firearms as the remaining plaintiffs.

Noreika ordered Smith and the Bridgeville group to file an amended complaint “containing only material relevant to their claims” on or before Dec. 1.

In the appeal filed in the third circuit court, plaintiffs state Noreika’s denial for relief violated the Second Amendment by failing to address the validity of the permit requirement or analyzing reasons “the status quo results in a de facto ban.”

“Challenges will suffer imminent actual harm – such as the risk of injury due to an inability to use a handgun in self-defense – without an injunction to prevent enforcement of the permit bill,” the appeal reads.

Attorney General Kathleen Jennings released an earlier statement saying the process to obtain a handgun permit in Delaware is in place and working.

The appeal asks the circuit court to maintain handgun rights in place before the law went into effect.