SAF files brief in 2A case

[swinokur]

​

​ ​ ​ ​ View this email in your browser ​ ​ ​ ​ ​ ​ SAF FILES BRIEF SUPPORTING MOTION FOR INJUNCTION AGAINST DELAWARE HB 450​ ​ The Second Amendment Foundation has filed an opening brief in support of its motion for a preliminary and permanent injunction against the State of Delaware and enforcement of House Bill 450, which radically expands the state’s laws and bans so-called “assault weapons.” SAF is joined by the Firearms Policy Coalition, Inc., DJJAMS LLC, and two private citizens, William Taylor and Gabriel Gray, for whom the lawsuit is named. The lawsuit names Delaware Attorney General Kathy Jennings as the defendant. Plaintiffs are represented by attorney Bradley P. Lehman at Gilbert Scali Busenkell & Brown LLC. The case is in U.S. District Court for the District of Delaware. “We are hopeful that the Court will take swift action with today’s motion for preliminary injunction against Delaware’s ban on constitutionally protected arms that are in common use across the nation,” said SAF Executive Director Adam Kraut. “Each day this law is not enjoined, Delawareans suffer an impermissible deprivation of their constitutional rights. This cannot stand and we are hopeful that the Court will preliminarily enjoin the State from enforcing its ban while the case proceeds on the underlying merits.” The brief notes that the U.S. Supreme Court’s June ruling in the Bruen case “rejected all interest balancing and the Third Circuit’s prior ‘two-step’ approach in the context of Second Amendment claims.” As a result, plaintiffs contend the Delaware General Assembly’s attempt to justify HB 450 by claiming it has “a compelling interest to ensure the safety of Delawareans” and that the banned arms, which are in common use, “have no place in civilian life,” are entitled to no deference. “Banning an entire class of firearms may create the impression Delaware lawmakers are ‘doing something’ about violent crime,” said SAF founder and Executive Vice President Alan M. Gottlieb, “but in reality, it will not prevent criminals from misusing firearms, and only serves to penalize law-abiding gun owners.” ​ ​ ​ ​ ​ Thank you. ​ ​ ​ Your support makes our work possible. ​ ​ Here are the companies that help sponsor the Foundation.​ ​ Copyright © 2022 Second Amendment Foundation, All rights reserved. You are receiving this email as a supporter of the Second Amendment Foundation. We thank you for all of your support as we continue to fight for your rights. Our mailing address is: Second Amendment Foundation 12500 ne 10th pl bellevue, wa 98005 Add us to your address book Want to change how you receive these emails? You can update your preferences or unsubscribe from this list.

 

[Michigander08]

Can someone explain to me why we don't sue the governor or the law makers? They are immune?

" The lawsuit names Delaware Attorney General Kathy Jennings as the defendant."

 

[swinokur]

Two words

Qualified Immunity

 

[teratos]

Two words

Qualified Immunity

1983 Lawsuit

 

[swinokur]

True that

 

[adit]

Delaware State Sportsmen's Association, Inc. et al v. Delaware Department of Safety and Homeland Security et al (1:22-cv-00951), Delaware District Court

Delaware State Sportsmen's Association, Inc. et al v. Delaware Department of Safety and Homeland Security et al (1:22-cv-00951), Delaware District Court, Filed: 07/20/2022

www.pacermonitor.com

Judge Richard G. Andrews (Obama). Same judge as magazine lawsuit.