Delaware Slapped w/ Federal Lawsuit for Banning “assault longguns” & ‘assault pistols

Trojan Horse Gun Ban iStock-695729796
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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.

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Bill

So good to call out these laws prohibiting our defense!

CharlieKing1

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.

musicman44mag

an assault anything is what the left determines it is. Just like the assault hammer used on pelosi.

CharlieKing1

I need a big smile emoji for your reply. I heard it was one of those evil, black colored ‘assault hammer’ that got Paulie.

Bubba

Paulie was doing drugs and butt banging the illegal when the hammer came out.
Make no mistake. This guy was invited into the house.

CharlieKing1

, you do realize that your first sentence contains a double entendre. Another need for a big smile emoji for that entendre!

Oh, and I have no doubt that the guy was invited into the house. That’s why all the authorities are keeping their mouths zipped…

gregs

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.

totbs

What’s the remedy though? SCOTUS has no enforcement arm. After Bruen, Hochul immediately installed their “enhanced” whatever it was, knowing it violates the Bruen decision. When there doesn’t seem to exist any form of meaningful personal punishment to elected officials, there’s no end to infringements they pass. We have the same problems in WA, OR, CA and a number of other states.

Bubba

Passing these unconstitutional laws should result in federal jail for those that propose such things.

Arny

Or a rope !

Finnky

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 »

Rufous

It’s probably because of the Congressionally approved Civilian Marksmanship Program, operated under a Memorandum of Understanding (MOU) with the U.S. Army. They sell surplus M1’s and 1911’s among others and run training programs for marksmanship and hold firearm competitions for citizens. Check them out at:
https://thecmp.org/sales-and-service/m1-garand/

JD

The Colt sporter H-BAR is a head scratcher. A flash suppressor & bayonet lug make an AR-15 pattern rifle so much more dangerous.