Graham v. Jennings

Graham v. Jennings

United States Court of Appeals for the Third Circuit

Previously: United States District Court for the District of Delaware – Docket No: 1:23-cv-00033

Filed: January 12, 2023

Status: Active

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. 

Case Team: Bradley P. Lehman

Case Documents


To access all of the case documents at the District Court, please visit the docket.

To view documents filed on appeal, please visit the Court of Appeals docket.

Case Media