FPC Files Opening Brief in Lawsuits Challenging Delaware “Assault Weapon,” Magazine Bans

Gun News

PHILADELPHIA, PA (July 5, 2023) – Today, Firearms Policy Coalition (FPC) announced the filing of an opening brief with the Third Circuit Court of Appeals in its Gray v. Jennings and Graham v. Jennings lawsuits, which challenge Delaware’s “assault weapon” and standard capacity magazine bans, respectively. The brief can be viewed at FPCLegal.org.

“The district court wrongly held that Delaware’s bans, which affect some of the most popular firearms and magazines in the country, could be justified by reference to a pattern of historical regulation targeting a variety of arms, from ‘slung shots’ to machine guns,” argues the brief. “But the State has not put forward, and the district court did not cite, a single law that banned possession or carriage of an arm that was in common use at the time like the Delaware bans do.”

“No matter what the State of Delaware thinks, the guns and magazines it banned are protected by the Second Amendment and thus cannot be prohibited,” said FPC Vice President of Communications Richard Thomson. “We look forward to the Third Circuit getting right what the district court got wrong when it declined to preliminarily enjoin Delaware’s bans.”

FPC is joined in these lawsuits by the Second Amendment Foundation.

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Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on InstagramTwitterFacebook, YouTube.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

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