The Centre for Second Amendment Law (2ALC) is thrilled to share the submission of several influential and convincing amicus briefs that were presented to the Third Circuit Court of Appeal on Monday. These documents lend support to three pivotal lawsuits currently before the Third Circuit: Delaware State Sportsmen's Association v. Delaware DHS, Gray v. Jennings, and Graham v. Jennings. Each case is contesting Delaware's prohibition of numerous semi-automatic firearms and standard capacity magazines. Although a District Court judge affirmed this prohibition, the Court of Appeals is now being petitioned to overturn this decision and assert that the prohibition contravenes the Constitution.
2ALC played an instrumental role in orchestrating and backing the amicus briefing campaign. The objective was to bolster the plaintiffs' push to overturn the lower court's decision and to secure an injunction that would halt the implementation of Delaware's law, which they deem unconstitutional. This law restricts the use of various semi-automatic firearms and standard capacity magazines.
On Monday, five formidable amicus briefs were submitted, one of which came from 20 states, demonstrating a significant show of support for gun owner rights. It is particularly notable that 20 states have openly taken a stance on this matter, as was also the case during the Illinois contest against a semi-auto ban.
These include submissions from the states of Montana, Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, South Carolina, South Dakota, Utah, Virginia, West Virginia, and Wyoming.
Further submissions were made by the Association of Chiefs of Police, the Independence Institute, Professors, the Delaware Association of Second Amendment Lawyers, the National Shooting Sports Foundation, and a consortium of gun ownership groups.
The briefs delve into various crucial subjects and clarify the way in which the constitutionality of a gun control law should be assessed, as dictated by the Supreme Court's ruling in NYSRPA V. Bruen last June.
Amicus briefs are indispensable, given that the case parties' lawyers are not permitted to finance or participate in drafting such briefs. As such, organizations like the 2ALC, with their expertise in Second Amendment issues, must step in to offer support.
2ALC has recently orchestrated similar amicus brief campaigns in Illinois (opposing the Illinois ban on widely used semi-automatic firearms and standard capacity magazines), and Hawaii, where briefs are due shortly. Presently, 2ALC is also backing lawsuits that challenge unconstitutional firearm bans in Oregon, Washington, Washington D.C., and other jurisdictions perceived to be hostile to 2A rights.
Prominent figures like Michael Bloomberg, among others, provide financial backing to groups opposed to firearms, which frequently submit amicus briefs in support of laws considered unconstitutional. This underscores the vital importance of 2ALC's amicus brief campaigns to their success.
When the State of Delaware implemented House Bill 450 as law on June 30, 2022, it rendered the possession, transportation, and sale of firearms typically used by law-abiding citizens for lawful activities unlawful. These weapons were erroneously classified as "assault weapons", turning their possession by law-abiding citizens into a felony, thus infringing on their fundamental right to possess such weapons. Delaware's laws are preventing hundreds of thousands of Delaware residents from exercising their fundamental, individual right to own common arms.
The Delaware State Sportsmen's Association swiftly responded by challenging the state's profoundly unconstitutional law. Although this law impinges on the core 2A rights of Delaware's residents, the district court rejected their request for a Preliminary Injunction. Had an injunction been granted, the status quo would have been maintained while the case was processed by the courts.
Now on appeal in the Third Circuit, Delaware's firearm owners are once again petitioning the court to preserve the status quo by overturning the lower court ruling and issuing the preliminary injunction.
"We are confident that these amicus briefs will have a positive effect on the court's rationale, and we are optimistic about achieving a win here. A well-executed amicus brief campaign can often tip the balance between success and failure, which is exactly what the Centre for Second Amendment Law is here for. However, we are aware of the political undercurrents behind the issues and are ready, if necessary, to escalate this to the Supreme Court," stated Chuck Michel, President & General Counsel.
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