WILMINGTON, DE (November 28, 2022) – Firearms Policy Coalition (FPC) announced today that it has filed a motion for preliminary injunction in Gray v. Jennings, its lawsuit challenging Delaware’s ban on so-called “assault weapons.” The motion can be viewed at FPCLegal.org.
“There is no constitutionally relevant difference between a semiautomatic handgun, shotgun, and rifle,” argues the motion. “While some exterior physical attributes may differ—wood vs. metal stocks and furniture, the number and/or location of grips, having a bare muzzle vs. having muzzle devices, different barrel lengths, etc. – they are, in all relevant respects, the same. Indeed, they are all common firearms that insert cartridges into a firing chamber, burn powder to expel projectiles through barrels, and are functionally semiautomatic in nature. They are all common firearms that have the same cyclical rate of fire: one round fired per pull of the trigger until ammunition is exhausted or the firearm or feeding device malfunctions. They are all common under the same jurisdictional analysis. Further, they are all subject to the same constitutionally relevant history under which Delaware’s Ban is clearly and categorically unconstitutional.”
“There is simply no historical tradition of banning wide categories of arms based on arbitrary features that ignorant contemporary lawmakers find frightening,” said FPC Director of Legal Operations Bill Sack. “The unavoidable fact is that the arms now banned by this Delaware statute are bearable arms in common use all over the country. They are protected by the Second Amendment, even with a terrifying pistol grip or adjustable stock.”
FPC is joined in this lawsuit by the Second Amendment Foundation.
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Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutionally protected 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.