Summary: Federal lawsuit challenging Delaware's "large capacity" magazine ban as unconstitutional under the Second Amendment.

Plaintiffs: Christopher Graham, Owen Stevens, Firearms Policy Coalition, and Second Amendment Foundation

Defendants: Delaware Attorney General Kathy Jennings

Litigation Counsel: Bradley Lehman

Docket: D. DE case no. 1:23-cv-00033, Third Circuit case no. 23-1633, Supreme Court case no. 24-309 | CourtListener Docket

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District Court

• 2025-2-19: ORAL ORDER: Since April 2023, this case has been stayed and/or inactive while awaiting decisions by other courts. The pending motion for partial dismissal is DISMISSED without prejudice to renewal at such time as active litigation begins again. Ordered by Judge Richard G. Andrews on 2/19/2025.

Supreme Court

• 2025-1-13: Petition DENIED.
• 2024-12-24: DISTRIBUTED for Conference of 1/10/2025.
• 2024-12-20: Reply Brief for Petitioners
• 2024-12-12: Brief in Opposition
• 2024-10-18: Brief of Amici Curiae State of West Virginia and 17 Other States in Support of Petitioners
• 2024-9-16: Petition for Writ of Certiorari

Circuit Court

• 2024-7-15: Opinion
• 2024-3-11: Oral Arguments
• 2023-9-20: Reply Brief of Appellants Delaware State Sportsmen’s Association, et al.
• 2023-9-20: Gray and Graham Plaintiffs-Appellants’ Reply Brief
• 2023-8-16: Defendants-Appellees’ Answering Brief
• 2023-7-3: Opening Brief of Appellants Delaware State Sportsmen’s Association, et al.
• 2023-7-3: Plaintiffs-Appellants’ Opening Brief

District Court

Key Events & Filings:

• 2023-4-12: Order Staying Action Pending Appeal
• 2023-4-5: Notice of Appeal to a Court of Appeals From an Appealable Order of a District Court
• 2023-3-27: Order Denying Motions for a Preliminary Injunction
• 2023-3-6: Order to Consolidate Cases
• 2023-2-3: Order
• 2023-1-12: Complaint

News Releases:

• 2024-9-16: FPC Petitions Supreme Court to Fix Circuit Split on Second Amendment Injury in Preliminary Injunction Analysis
• 2023-9-21: FPC Files Reply Brief in Lawsuits Challenging Delaware “Assault Weapon,” Magazine Bans
• 2023-7-5: FPC Files Opening Brief in Lawsuits Challenging Delaware “Assault Weapon,” Magazine Bans
• 2023-1-12: FPC Files New Lawsuit Challenging Delaware Magazine Capacity Ban