BELLEVUE, WA – 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. 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.”