BELLEVUE, WA – -(AmmoLand.com)-The Second Amendment Foundation today filed a federal lawsuit challenging the constitutionality of Delaware’s recently-adopted ban on so-called “assault weapons” on the grounds the legislation—known as House Bill 450—violates the Second Amendment.
Joining SAF in this legal action are the Firearms Policy Coalition, a Nevada-based group, DJJAMS, LLC, a firearms retailer in Delaware’s New Castle County, and two private citizens, Gabriel Gray and William Taylor. Named as a defendant is Delaware Attorney General Kathy Jennings. The lawsuit was filed in U.S. District Court for the District of Delaware. The plaintiffs are represented by attorney Bradley P. Lehman at Gellert Scali Busnenkell & Brown LLC in Wilmington. The case is known as Gray, et.al. v. Jennings.
“One week after the Supreme Court handed down its landmark Bruen decision in June,” noted SAF Executive Director Adam Kraut, “Delaware Gov. John Carney signed House Bill 450, which we believe is clearly unconstitutional. Yet this new statute categorically bans the protected conduct of possessing, self-manufacturing, transporting, importing, selling, transferring, purchasing, receiving and lawfully using constitutionally protected arms that are in common use across the nation.”
The new statute lists dozens of firearms described generically as “assault long guns” and 19 handguns described as “assault pistols,” plus so-called “copycat” firearms. Violators can be charged with a Class D felony, punishable by up to eight years in prison.
“By adopting this statute after the Supreme Court’s Bruen ruling, Delaware is clearly ignoring the court, and the Second Amendment,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “This case cuts right to the heart of our mission, which is to defend the rights of gun owners by challenging egregious gun control laws in court. This law is extremism on steroids, and cannot be allowed to stand.”
Gray, et.al. v. Jennings: Delaware “assault long guns” Lawsuit
About Second Amendment Foundation
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 700,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
Could someone please explain to me what an ‘assault pistol’ is? That’s a new one on me.
I’ve always considered a handgun as a defensive tool that you use to fight your way to your rifle.
hopefully scotus will get tired of looking at these grossly unconstitutional firearms cases and B-slap these legislatures and rule that there shall not be any further infringements on a civil right.
these leftist governors and legislatures will continue to do this until this happens, or they are voted out of office. although even if the leftists get voted out of office there are many r’s who think very similarly.
heller, mcdonald and bruen is just the beginning of righting this country. qualified immunity, civil asset forfeiture are other issues that need to be rectified.
So good to call out these laws prohibiting our defense!
One thing I find fascinating in the challenged law is the two exclusions I noticed. All AR-15’s are banned “except Colt AR-15 sporter h-bar rifle” and another large category “except M1 Garand.” My suspicion is that these two items are in the possession of certain legislators, who insisted upon exclusion in order to vote for the law. If those individual legislators can be identified – this absolutely needs to be presented to the people at their next re-election. These individuals will be despised by gun rights supporters simply for voting for the ban. They will be despised by civil-rights deniers… Read more »