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.
To view documents filed on appeal, please visit the Court of Appeals docket.
Case Team: Bradley P. Lehman, David H. Thompson, Peter Patterson, William Bergstrom
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.
March 8th, 2023
CORRECTING ENTRY: The transcript filed at D.I. 14 has been removed from the docket as it was filed in error.
January 19th, 2023
Official Transcript of Oral Argument held on 12/20/22 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: [email protected]. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 2/9/2023. Redacted Transcript Deadline set for 2/21/2023. Release of Transcript Restriction set for 4/19/2023.
December 20th, 2022
Minute Entry for proceedings held before Judge Richard G. Andrews - Hearing on the motion to consolidate held on 12/20/2022. Counsel for Plaintiffs: F. Pileggi. Counsel for Defendants: G. Mortiz. The cases will be consolidated. The defendant's response to the brief's is due on 1/31/2023. Plaintiff's reply is due on 2/13/2023.
