By CD “Chuck” Michel
The Second Amendment Law Center is pleased to announce that some very impressive and persuasive amicus briefs were filed in the Third Circuit Court of Appeal on Monday supporting three critical cases pending before the Third Circuit: Delaware State Sportsmen’s Association v. Delaware DHS, Gray v. Jennings, and Graham v. Jennings. These cases all challenge Delaware’s law banning many semi-automatic firearms and standard capacity magazines. A District Court judge upheld the ban. The Court of Appeals is being asked to reverse that ruling and confirm that the ban is unconstitutional.
2ALC coordinated and supported the amicus briefing campaign to support the plaintiffs’ efforts to overturn the lower court’s ruling and have an injunction put into place that will block Delaware’s unconstitutional law that bans many semi-automatic firearms and standard capacity magazines.
Five impressive amicus briefs were filed on Monday, including a very significant brief from 20 states in support of gun owner rights: The fact that 20 states have publicly weighed in here, as these states did in the Illinois challenge to a semi-auto ban, is tremendously significant.
You can read the briefs by clicking the links below.
Association of Chiefs of Police, Independence Institute, and Professors
Delaware Association of Second Amendment Lawyers
National Shooting Sports Foundation
The briefs cover a wide range of important topics and set the record straight about how the constitutionality of a gun control law is to be evaluated under the test set out in the Supreme Court’s decision in NYSRPA V. Bruen last June.
Amicus briefs are essential because the attorneys for the parties in a case aren’t allowed to fund or participate in writing amicus briefs and therefore need a group like Second Amendment Law Center, with experience in Second Amendment issues, to step in and offer assistance.
Recently, 2ALC successfully coordinated similar amicus brief campaigns in Illinois (opposing Illinois ban on commonly possessed semi-automatic firearms and standard capacity magazines), and Hawaii, where briefs are due later this week. Currently, 2ALC is also working to support lawsuits challenging unconstitutional gun bans in Oregon, Washington, Washington D.C., and other jurisdictions hostile to 2A rights.
Billionaire Michael Bloomberg and others financially support anti-gun groups, and these operations routinely submit amicus briefs supporting unconstitutional laws. This makes 2ALC’s amicus brief campaigns critical to success.
When House Bill 450 was signed into law on June 30, 2022, the State of Delaware criminalized possession, transportation, and sale of common firearms used by law-abiding citizens for lawful purposes–mislabeling them as “assault weapons”–making it a felony for law-abiding citizens to exercise their fundamental right to keep and bear such arms. The State of Delaware’s laws deny hundreds of thousands of individuals who reside in Delaware their fundamental, individual right to keep and bear hundreds of common arms.
The Delaware State Sportsmen’s Association jumped into action and filed a challenge to the state’s grossly unconstitutional law. Even though this law impacts the fundamental 2A rights of the people of Delaware, the district court denied their Motion for Preliminary Injunction. Issuing an injunction would have maintained the status quo while the rest of the case worked through the courts.
Now on appeal in the Third Circuit, Delaware gun owners are again asking the court to preserve the status quo by overturning the lower court ruling and granting the preliminary injunction.
“We expect these amicus briefs will positively impact the court’s reasoning, and we are hopeful of a victory here. A well-coordinated amicus brief campaign can make the difference between success and failure, and that’s what the Second Amendment Law Center is all about. But we recognize the politics behind the issues and are prepared to take this to the Supreme Court if necessary.” Chuck Michel, President & General Counsel.
Please help us by supporting this vital work that will push these cases across the finish line. We need strong voices from multiple groups to convince the court to rule in our favor. Please consider a donation and subscribe below for updates.
C.D. “Chuck” Michel is Senior Partner at the Long Beach, California Law firm of Michel & Associates, P.C. He is the author of California Gun Laws, A Guide to State and Federal Firearm Regulations now in its 10th edition for 2023 and available at www.calgunlawsbook.com.
Let’s see 2nd circuit carry restriction (and others) 3 going on 4 months ago pending decision, 3rd circuit for features ban upcoming 9th all sorts of stuff that I need to look up and several coming up elsewhere. Going to be an interesting year.
“C.D. “Chuck” Michel is Senior Partner at the Long Beach, California Law firm of Michel & Associates, P.C.”
Just the person to ask :
When is St. Benitez gonna drop the ‘Hammer of God’ on California?
Around the same time the second circuit issues any decision. Never interrupt your enemy when they are about to make a mistake.
According to Historical Analogies any and all Gun Control is Unconstitutional.
IMO…What’s worse than a Gun Control zealot are Gun talking blowbags on this forum who are ryan busses when it comes to Defining Gun Control by its History…It would be a cold day in hell before ryran busse defined Gun Control According to its History Confirmed Roots in Racism and Genocide for His Audience. By the same token certain Gun Control History illiterates on this forum are just as sleazy.
Deb this is courtroom drama, dying racism drama is the other page.
IMO Debbie is 100% correct. Just look at history of governments in general. Especially the communist ones who took the guns and slaughtered their citizens.
To say it isn’t would be a lie.
So amicus briefs were “successful” in Illannoy?!? Surely you jest. And don’t call me Shirley🙄
Illinois isn’t over yet
Dacian? Is that you?
Seriously…You are getting worse Debbie. You had a message that you repeated over and over. I think nobody had a problem with that because those new to this site needed to hear it or read it if you’re a stickler for gramma. Something’s changed and you are attacking people for know good reason. Back off a little.
No good reason! Gramma Nazi’s
Mad cow disease and the Syph are a bitch. Two brain eating diseases with little to feed on.
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Louisiana is not on the list of supporters of the amicus brief in the article but is listed in the brief.
1
“You can read the briefs by clicking the links below.
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”
Where’s Colorado? Do I need the sarc tag?
More likely than my state…….not by much but not nearly as long ago to be relevant.
Rocky Mountain high Colorado…..
What good are key supporters. We need more gunm supporters.
I think weapons should be banned for life It’s a dangerous thing that kills people it should just be with the armed forces. Wikipedia Writers write in their articles that the guns should not have presented.
In 2022, 48.2% of lesbian women reported violence against them in the forms of physical violence, stalking (including with violent assault), or rape by their partners (either by their partner only or with the involvement of male(s) or female(s) bought in by the partner —- two thirds were exclusively the partner female perpetrator, one third was the partner female perpetrator with involvement of one or more males or females perpetrator bought in my the female partner perpetrator).
In 2022, 66% of ‘transgender’ (term as used here also includes those who have either partially or fully transitioned) individuals reported experiencing violence against them in the forms of physical violence, stalking (including with violent assault), or rape, with their ‘partner’ (the term ‘partner’ includes real biological male or female and ‘transgender’) being the perpetrator. (two thirds of perpetrators were exclusively the ‘partner’, one third of perpetrators was the ‘partner’ with involvement of one or more others either real biological male or female or ‘transgender’).
In 2022, 38% of gay and bisexual males reported experiencing violence against them in the forms of physical violence, stalking (including with violent assault), or rape, with their ‘partner’ being the perpetrator. (for perpetrator(s): 3/4 of those the ‘partner’ exclusively, one quarter of those were the ‘partner’ with others bought in that were either real biological male or transgender, with, in the case of bisexual sometimes real biological females were bought in by the ‘partner’)
In 2022, 63% of bisexual females reported experiencing violence against them in the forms of physical violence, stalking (including with violent assault), or rape, with their ‘partner’ being the perpetrator. (for perpetrator(s): 80% of these was the ‘partner’ exclusively, and 20% with others bought in by the ‘partner’ that were real biological male or female bisexuals or a mixture of ‘transgender’, lesbian, or straight males and females).
In 2022, (overall, for all violent crimes including sexually based offenses) 69% of violent criminals were either gay or bisexual or expressed ‘gender identity’ issues.
In 2022, (overall, for all violent crimes including sexually based offenses) 93% of violent crimes were committed by criminals who were politically left-wing.
Chose insane and that’s what you get.
‘…never stick it in crazy’.
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