Skip to main content

SAF Files Brief to Stop Expansion of Delaware ‘Assault Weapons' Ban

The Second Amendment Foundation filed a brief in support of a preliminary and permanent injunction against Delaware House Bill 450, a bill that expands the state's ‘assault weapon' ban.

SAF Files Brief to Stop Expansion of Delaware ‘Assault Weapons' Ban

(Bennian photo / Shutterstock)

The Second Amendment Foundation has filed an opening brief in support of its motion for a preliminary and permanent injunction against the State of Delaware and enforcement of House Bill 450, which radically expands the state’s laws and bans so-called “assault weapons.”

SAF is joined by the Firearms Policy Coalition, Inc., DJJAMS LLC, and two private citizens, William Taylor and Gabriel Gray, for whom the lawsuit is named. The lawsuit names Delaware Attorney General Kathy Jennings as the defendant. Plaintiffs are represented by attorney Bradley P. Lehman at Gilbert Scali Busenkell & Brown LLC.

The case is in U.S. District Court for the District of Delaware.

“We are hopeful that the Court will take swift action with today’s motion for preliminary injunction against Delaware’s ban on constitutionally protected arms that are in common use across the nation,” said SAF Executive Director Adam Kraut. “Each day this law is not enjoined, Delawareans suffer an impermissible deprivation of their constitutional rights. This cannot stand and we are hopeful that the Court will preliminarily enjoin the State from enforcing its ban while the case proceeds on the underlying merits.”

The brief notes that the U.S. Supreme Court’s June ruling in the Bruen case “rejected all interest balancing and the Third Circuit’s prior ‘two-step’ approach in the context of Second Amendment claims.” As a result, plaintiffs contend the Delaware General Assembly’s attempt to justify HB 450 by claiming it has “a compelling interest to ensure the safety of Delawareans” and that the banned arms, which are in common use, “have no place in civilian life,” are entitled to no deference.

“Banning an entire class of firearms may create the impression Delaware lawmakers are ‘doing something’ about violent crime,” said SAF founder and Executive Vice President Alan M. Gottlieb, “but in reality, it will not prevent criminals from misusing firearms, and only serves to penalize law-abiding gun owners.”




GET THE NEWSLETTER Join the List and Never Miss a Thing.

Recommended Articles

Recent Videos

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Aero Precision M4E1 Pro Rifle

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Dr. Dabbs Goes Ape! A Video Review of the Gorilla M1 Carbine from the Original Planet of the Apes!

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Pioneer Arms .22 LR Trainer AK Rifle

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Pioneer Arms GROM 7.62x39 AK Rifle

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Gear

Federal's “Punch” line of Personal Protection Ammunition

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

KelTec's new KSG410 and R50!

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Gear

Liberty Ammunition

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Springfield Armory 9mm Saint AR15

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Rock River Arms New ARs

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

MKS 10mm Hi-Point Pistol

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Magpul FDP-9

The Howa line of rifles from Legacy Sports is fairly diverse and available in a wide array of configurations, styles and...
Guns

Legacy Sports New Howa Rifles

Firearms News Magazine Covers Print and Tablet Versions

GET THE MAGAZINE Subscribe & Save

Digital Now Included!

SUBSCRIBE NOW

Give a Gift   |   Subscriber Services

PREVIEW OUR CURRENT ISSUE

Buy Digital Single Issues

Magazine App Logo

Don't miss an issue.
Buy single digital issue for your phone or tablet.

Get the Firearms News App apple store google play store

Other Magazines

See All Other Magazines

Special Interest Magazines

See All Special Interest Magazines

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Get the top Firearms News stories delivered right to your inbox.

Phone Icon

Get Digital Access.

All Firearms News subscribers now have digital access to their magazine content. This means you have the option to read your magazine on most popular phones and tablets.

To get started, click the link below to visit mymagnow.com and learn how to access your digital magazine.

Get Digital Access

Not a Subscriber?
Subscribe Now

Enjoying What You're Reading?

Get a Full Year
of Guns & Ammo
& Digital Access.

Offer only for new subscribers.

Subscribe Now

Never Miss a Thing.

Get the Newsletter

Get the top Firearms News stories delivered right to your inbox.

By signing up, I acknowledge that my email address is valid, and have read and accept the Terms of Use