{"id":88126,"date":"2022-11-28T04:50:59","date_gmt":"2022-11-28T10:50:59","guid":{"rendered":"https:\/\/milesfortis.com\/?p=88126"},"modified":"2022-11-28T04:50:59","modified_gmt":"2022-11-28T10:50:59","slug":"88126","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=88126","title":{"rendered":""},"content":{"rendered":"

SAF FILES BRIEF SUPPORTING MOTION FOR INJUNCTION AGAINST DELAWARE HB 450<\/a><\/p>\n

BELLEVUE, WA \u2013 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\u2019s laws and bans so-called \u201cassault weapons.\u201d<\/p>\n

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.<\/p>\n

The case is in U.S. District Court for the District of Delaware.<\/p>\n

\u201cWe are hopeful that the Court will take swift action with today\u2019s motion for preliminary injunction against Delaware\u2019s ban on constitutionally protected arms that are in common use across the nation,\u201d said SAF Executive Director Adam Kraut. \u201cEach 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.\u201d<\/p>\n

The brief notes that the U.S. Supreme Court\u2019s June ruling in the Bruen case \u201crejected all interest balancing and the Third Circuit\u2019s prior \u2018two-step\u2019 approach in the context of Second Amendment claims.\u201d As a result, plaintiffs contend the Delaware General Assembly\u2019s attempt to justify HB 450 by claiming it has \u201ca compelling interest to ensure the safety of Delawareans\u201d and that the banned arms, which are in common use, \u201chave no place in civilian life,\u201d are entitled to no deference.<\/p>\n

\u201cBanning an entire class of firearms may create the impression Delaware lawmakers are \u2018doing something\u2019 about violent crime,\u201d said SAF founder and Executive Vice President Alan M. Gottlieb, \u201cbut in reality, it will not prevent criminals from misusing firearms, and only serves to penalize law-abiding gun owners.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

SAF FILES BRIEF SUPPORTING MOTION FOR INJUNCTION AGAINST DELAWARE HB 450 BELLEVUE, WA \u2013 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\u2019s laws and bans so-called \u201cassault … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,8],"tags":[],"class_list":["post-88126","post","type-post","status-publish","format-standard","hentry","category-courts","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/88126","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=88126"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/88126\/revisions"}],"predecessor-version":[{"id":88127,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/88126\/revisions\/88127"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=88126"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=88126"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=88126"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}