Summary: Federal constitutional challenge to Delaware’s ban on self-built firearms, precursor parts, and “3D” files.

Plaintiffs: John Rigby, Alan Knight, and Firearms Policy Coalition

Defendants: Delaware Attorney General Kathy Jennings

Litigation Counsel: Bradley Lehman and Edward Paltzik

Docket: D. DE case no. 1:21-cv-01523 | CourtListener Docket

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Key Events & Filings:

• 2024-4-26: Defendant’s Reply Brief in Support of Her Motion for Summary Judgment
• 2024-4-26: Plaintiffs’ Brief in Reply to Defendant’s Opposition to Plaintiffs’ Motion for Summary Judgment
• 2024-4-15: Defendant’s Opposition to Plaintiffs’ Motion for Summary Judgment
• 2024-4-15: Plaintiffs’ Brief in Opposition to Defendant’s Motion for Summary Judgment
• 2024-3-25: Plaintiffs’ Motion for Summary Judgment
• 2024-3-25: Defendant’s Motion for Summary Judgment
• 2022-11-4: Answer to Complaint
• 2022-9-23: Opinion Granting Motion for Preliminary Injunction in Part, Order
• 2022-7-1: Supplemental Brief
• 2022-7-1: Supplemental Brief
• 2022-6-27: Letter
• 2022-6-23: ORAL ORDER - The Court requests additional briefing regarding the effect of the Supreme Court's decision in New York State Rifle & Pistol Assn., Inc. v. Bruen on the pending motions. THREREFORE, IT IS HEREBY ORDERED that the parties shall meet and confer and submit a schedule for additional briefing that will have all such briefing completed by July 7, 2022.
• 2022-2-14: Letter
• 2022-2-10: Response to Order
• 2022-2-8: Defendant's 2/4/2022 submission included an Exhibit A and also stated "at a hearing, it is anticipated that research, reports, and/or statistics relied upon by the Delaware Legislature in developing House Bill 125 would be submitted as evidence." On or before 2/10/2022, Defendant shall submit any such reports or other evidence on which she intends to rely so that Plaintiffs may have a fair opportunity to respond. After Plaintiffs receive that information, Plaintiffs may file a five-page responsive supplemental letter brief on or before 2/17/2022. ORDERED by Judge Maryellen Noreika on 2/8/2022.
• 2022-2-4: Response to Order
• 2022-1-27: Order Regarding Evidence
• 2022-1-10: Reply Brief in Support of Defendant’s Motion to Dismiss
• 2022-1-3: Stipulation of Dismissal as to Defendant Governor John C. Carney
• 2021-12-27: Plaintiffs’ Brief in Opposition to Defendants’ Motion to Dismiss
• 2021-12-9: Defendants’ Motion to Dismiss
• 2021-12-8: Reply Brief in Further Support of Plaintiffs’ Motion For a Preliminary and Permanent Injunction
• 2021-11-16: Answering Brief in Opposition to Plaintiffs’ Motion for a Preliminary and Permanent Injunction
• 2021-11-2: Plaintiffs’ Motion for a Preliminary and Permanent Injunction
• 2021-10-27: Complaint

Related News Releases:

• 2024-3-25: FPC Files Motion for Summary Judgment in Lawsuit Challenging Delaware’s Ban on Self-Built Firearms, Precursor Parts, and “3D” Files
• 2022-9-23: FPC VICTORY: Federal Judge Blocks Delaware Ban on Self-Built Firearm Possession, Home Manufacturing
• 2021-10-27: FPC Files Federal Constitutional Challenge to Delaware’s New Ban on Self-Built Firearms, Precursor Parts, and “3D” Files