On June 30, 2022 Delaware Governor John Carney signed SB 6 into law. SB 6 made it unlawful for any person in Delaware to purchase, receive, possess, transfer, sell, offer to sell, or manufacture so-called “large-capacity” magazines capable of holding more than 17 rounds of ammunition.
SB 6 violates the Second Amendment rights of the people of Delaware by denying them the ability to acquire magazines that are in common use for lawful purposes. The Government cannot ban those magazines and arbitrarily limit the number of rounds a magazine may hold simply because it prefers as much.
On January 12, 2023, the Second Amendment Foundation filed suit, along with another civil rights organization, and two individuals. The lawsuit asks a federal court to ensure that the People of Delaware may exercise their Second Amendment rights by declaring that the ban violates the Second and Fourteenth Amendments and enjoining the Defendants from enforcing the ban.
To view documents filed on appeal, please visit the Court of Appeals docket.
Case Team: Bradley P. Lehman
Recent Docket Activity
October 25th, 2024
ORAL ORDER: The Court notes that the Supreme Court will conference the petition for certiorari relating to these cases on November 8, 2024. The parties previously submitted a status report, which the Court has reviewed. The Court believes that all three cases should go forward together. The Court envisions a period for discovery followed by motion practice and a trial. The Court also recognizes that, at this point, it makes sense to wait for the Supreme Court to rule on the petition and to go from there. The Court requests a further status report within one week of the Supreme Courts ruling. Ordered by Judge Richard G. Andrews on 10/24/2024.
April 12th, 2023
Case Stayed per entry of D.I. 67 in Lead Civil Action 22-951-RGA.
March 6th, 2023
SO ORDERED Granting Stipulation and Proposed Order to Consolidate Cases. Signed by Judge Richard G. Andrews on 3/6/2023. Associated Cases: 1:22-cv-00951-RGA, 1:23-cv-00033-RGA
March 3rd, 2023
STIPULATION to Consolidate Cases by Firearms Policy Coalition, Inc., Christopher Graham, Second Amendment Foundation, Owen Stevens.
February 9th, 2023
DEFICIENCY NOTICE issued by the Court to Plaintiff Firearms Policy Coalition, Inc.: Pursuant to Fed. R. Civ. P. 7.1 , A party must: file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement.
