WASHINGTON, D.C. (September 16, 2024) – Firearms Policy Coalition (FPC) has filed a petition with the United States Supreme Court seeking to address an important circuit split and establish that an infringement of Second Amendment protected rights for any period of time is necessarily irreparable injury. This petition in both Gray v. Jennings and Graham v. Jennings, two consolidated FPC cases that challenge Delaware’s bans on so-called “assault weapons” and “large-capacity” magazines, comes from a misguided Third Circuit opinion holding that infringements of Second Amendment protected rights are not equal to abridgments under the First Amendment. The petition can be viewed at FPClaw.org.

“In Bruen, the Supreme Court reaffirmed the principle that the Second Amendment should not be treated less favorably than other Bill of Rights guarantees,” said FPC President Brandon Combs. “But some circuit courts have continued to treat our sacred right to keep and bear arms as a second-class right. We are asking the Supreme Court to establish a clear and binding rule that places Second Amendment protections on the same footing as First Amendment guarantees for the purposes of injunctive relief.”

“The panel below acknowledged that this is the rule that applies under the First Amendment—in step with every other federal court of appeals—but it somehow concluded that it does not apply to the Second Amendment,” argues the petition. “It accordingly declined to enjoin Delaware’s bans on common firearms and magazines (which the State dubs ‘assault weapons’ and ‘large capacity magazines’) without even inquiring into whether those bans are likely unconstitutional, based on Petitioners’ failure to establish an irreparable harm other than the loss of their Second Amendment rights.”

The Gray and Graham cases are part of FPC’s high-impact strategic litigation program, FPC Law, aimed at eliminating immoral laws and creating a world of maximal liberty. FPC is joined in the litigation by individual FPC members as well as the Second Amendment Foundation.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, and YouTube.