BELLEVUE, WA – Lawyers representing the Second Amendment Foundation and its partners in a challenge to Delaware’s ban on so-called “assault weapons” and “high capacity magazines” have filed a brief with the Court of Appeals of the US Third District in a consolidation of cases. .
SAF is involved in two of the three cases, known as Graham vs. Jennings and Gray vs. Jennings. The appeal brief focuses on three questions: whether Delaware’s ban on commonly owned rifles, mischaracterized as “assault rifles,” and the ban on “high-capacity magazines” violate the Second Amendment, and whether the Court District erred in refusing to grant a preliminary injunction. in both cases.
SAF and fellow plaintiffs are represented by attorneys Bradley P. Lehman at Gellert Scali Busenkell & Brown in Wilmington, Del., and David H Thompson, Peter A. Patterson, and John D. Ohlendorf at Cooper & Kirk in Washington, DC
Other plaintiffs are the Firearms Policy Coalition, DJJAMS LLC, and individual citizens Owen Stevens and Christopher Graham, William Taylor, and Gabriel Gray.
“Delaware has banned the nation’s most popular rifle, along with standard-capacity magazines supplied by manufacturers to consumers in most other states,” said SAF Founder and Executive Vice President Alan M. Gottlieb. “The challenged laws have literally criminalized the possession of these popular weapons and the magazines that are supplied with them, essentially jeopardizing an act of self-defense if it is one of the affected firearms or magazines.”
“Every day these laws remain in place,” added SAF Executive Director Adam Kraut, “means one more day that Delawareans are disenfranchised. Semi-automatic firearms and ammunition magazines prohibited by Delaware are in common use for lawful purposes and the State cannot demonstrate that they fall within the ‘historical tradition’ of restricting ‘dangerous and unusual weapons’. Because of this, we ask the court to reverse the District Court’s order and remand the case with instructions to preliminarily ban the status of both the rifles and the magazines.”
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt legal action, research, publishing, and education group focusing on the constitutional right and inheritance to own and own guns. fire privately. Founded in 1974, the Foundation has grown to more than 720,000 members and supporters and runs many programs designed to better inform the public about the consequences of gun control.