NEWARK, Del. - A U.S. District Court judge has dismissed an attempt by Cabela's to impede an investigation into a significant past ammunition theft. The investigation was brought by Delaware Attorney General Kathy Jennings and centers around reports that 500,000 rounds of ammunition were shoplifted from the Cabela's location near the Christiana Mall in less than a year. According to the Delaware Department of Justice, investigators believe a substantial portion of stolen ammo was sold to violent criminals and drug dealers in Delaware and Pennsylvania.
Cabela's argued that the federal Protection of Lawful Commerce in Arms Act applied and tried to move the case to federal court. The Department of Justice has said this move came after Cabela's failed to produce meaningful answers to the State's questions, and that the company's purpose in trying to move the case to federal court was to delay and block the investigation.
Despite this attempt, Cabela's was not successful and a judge from the U.S. District Court for the District of Delaware found no basis for federal jurisdiction. Judge Richard Andrews wrote that Cabela's did not describe any issue of federal law and awarded legal fees to the State.
"It should have been obvious that the [Protection of Lawful Commerce in Arms Act] does not apply to this case as the basis of federal jurisdiction," Andrews wrote. "It is clear the the Fourth Amendment argument would be a federal defense and not the basis of federal jurisdiction. There was no basis to remove the case."
The investigation began last summer when the Department of Justice asked the Delaware Superior Court to enforce a subpoena against Cabela's, seeking information related to the ammunition theft. The investigation focused around whether Cabela's violated various laws like Delaware's firearms industry public nuisance law, which allows civil action if people selling or manufacturing guns contribute to conditions that injure or endanger the health, safety or peace of others.
The case is further linked to the Keke Anderson Safe Firearms Sales Act, a law passed in 2022 that repeals special immunity granted to gun dealers. It was named for a bystander killed in a 2016 shooting committed with a gun attained through a straw purchase.
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At the time of the reported shoplifting, ammunition was kept unsecured in the middle of the sales floor, according to the Department of Justice. After the subpoena was sent, the company relocated ammo in the Christiana store to behind a sales counter. Attention was placed on Cabela's alleged hands-off approach to the shoplifting of ammunition, which the DOJ said potentially contributed to the illegal distribution of guns.
According to a Bureau of Alcohol, Tobacco, Firearms and Explosives report, Newark is ranked as the top source city for crime guns recovered and traced in the state between 2017 and 2021, with over 1,100 guns recovered. This is about 42 percent of the state's total number of recovered firearms during this time period, which was 2,675.
As the case moves forward in Superior Court, the outcome will likely contribute to ongoing discussions at the local and national level regarding the responsibilities of gun dealers in preventing firearm-related crimes and the enforcement of laws aimed at protecting public safety.
CoastTV News reached out to Cabela's and Bass Pro Shops, which acquired Cabela's in 2017, but did not hear back.