Gray v. Jennings

Gray v. Jennings

United States Court of Appeals for the Third Circuit

Previously: United States District Court for the District of Delaware – Docket No: 1:22-cv-01500

Filed: November 16, 2022

Status: Active

On June 30, 2022 Delaware Governor John Carney signed HB 450 into law. HB 450 made it unlawful for any person in Delaware to manufacture, sell, offer to sell, transfer, purchase, receiver, or possess an “assault weapon”, in addition to criminalizing the transportation or importation of an “assault weapon” into Delaware. 

The First State’s law directly contravenes what the Second Amendment protects. Delawareans have the right to possess commonly used firearms which are held for lawful purposes. The Government cannot substitute its judgment for that of the People when it comes to preferences on arms. 

On November 16, 2022, the Second Amendment Foundation filed suit, along with another civil rights organization, a Delaware firearms retailer, 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, David H. Thompson, Peter Patterson, William Bergstrom

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