DELAWARE - A federal judge dismissed a challenge to Delaware's Safe Firearm Sales Act on Friday, continuing to allow the possibility for gun dealers in Delaware to be held accountable for instances of gun violence.
Judge Richard Andrews of the U.S. District Court for the District of Delaware dismissed the challenge in an opinion made public late Friday. The challenge was brought by the National Shooting Sports Foundation, according to the Delaware Department of Justice, against Delaware's Keshall Anderson Safe Firearm Sales Act. The act was passed in 2022.
It was named for a bystander killed in a 2016 Wilmington shooting involving two teens and a gun bought at Cabela's by a straw purchaser, someone who bought the gun on behalf of another who was legally unable to purchase it.
The bill repeals special immunity granted to gun dealers like Cabela's under state law, according to the department. The bill says it establishes a statutory cause of action for public nuisance against both companies in the firearm industry as well as members like those involved in the sale, manufacturing, distribution or marketing of firearms or firearm-related products. The law says they must maintain "reasonable controls" designed to prevent sales to straw purchasers, traffickers, those prohibited from owning a gun and those believed to be at risk for harming themselves or others.
Attorney General Kathy Jennings touts this dismissal as her third consecutive legal win over the gun lobby, with the Delaware Department of Justice calling this the denial of "another right-wing challenge to a commonsense gun safety law..."
"The gun lobby claims to speak for gun owners, but at day's end its masters have always been corporate and its priority is protecting profits, full stop," said Jennings. "This kind of liability shield is unexampled in Delaware law. It is a massive giveaway to a special interest that gives the people of this state nothing in return. The gun lobby will continue to fight for their profits."
Jeff Hague, president of the Delaware State Sportsmen's Association, told CoastTV that the issue comes down to having enough cause to stand in court to challenge the law, and that the dismissal "doesn't mean the law is any good." Hague said the group doesn't have enough of a connection or hasn't been harmed enough from the law to be able to take it to court fully yet.
"[Jennings] hasn't won anything yet because the cases aren't over yet," Hague said. "Referring to the National Shooting Sports Foundation as 'another right wing organization...' That's bull. This is not a consecutive win over anything."
"This law is taking people and holding them accountable for other people's actions after the product is sold," Hague continued. "Would a car dealership be held accountable if someone bought a car and ran someone over and killed them? No... If they're making a product that is safe and free of defects, you can't sue them."
The Protection of Lawful Commerce in Arms Act, passed federally in 2005, limits the ability of those injured by firearms to bring civil actions by protecting gun manufacturers and dealers from being held liable when crimes have been committed with their products. However, it does allow them to be held liable for damages resulting from defective products and other misconduct.
Earlier this year, the same federal court ruled against plaintiffs challenging Delaware's assault weapons and large-capacity magazine bans, according to the Department of Justice. Both remain in effect.