Case Name: Delaware State Sportsmen’s Association, Inc., et al v. Delaware Department of Safety and Homeland Security et al
Case No.: 1:22-cv-00951-RGA (Delaware District Court)
Case No.: 23-01633 (3rd Circuit of Appeals for appeal of Motion for Preliminary Injunction)
Case Summary: Federal lawsuit challenging Delaware’s semi-automatic and magazine bans as unconstitutional under the US Second Amendment and Delaware Article I Section 20.
- Complaint – 7/20/2022 Filed by Delaware State Sportsmen’s Association, Inc., et. al.
- Motion for Partial Dismissal
- Motion for Preliminary Injunction
- Opening brief in Support 11/15/2022
- Answering Brief in Opposition 1/31/2023
- Reply Brief in Support of Motion for Preliminary Injunction 2/13/2023
- Letter from Defendants to Judge regarding evidentiary hearing 2/14/2023
- Order regarding live testimony and hearing duration 2/15/2023
- At the Hearing, Judge Andrews requested that a certified question be presented to the Delaware Supreme Court RE Bruen’s affect on Delaware’s previously established use of intermediate scrutiny to evaluate regulations challenged under Article I, §20 of the Delaware Constitution
- Defendant’s Letter to Judge RE Exhibit Used at Hearing 3/1/2023
- DSSA’s Letter to Judge RE Question of Magazines at Hearing 2/27/2023
- Joint Letter to Judge RE Federal Court’s Authority to Grant Injunctive Relief Based on Article I, Section 20 & Certified Question to Delaware Supreme Court 3/6/2023
- Order requesting DSSA to consent to dismissal of state law claim or explain why it should not be dismissed 3/7/2023
- DSSA’s Letter to Judge RE Voluntary Dismissal of State Law Claim in Federal Court 3/14/2023
- Memo of Opinion RE Motion for Preliminary Injunction 3/27/2023
- Order – Denying Motion for Preliminary Injunction 3/27/2023
- 3rd Circuit Court of Appeals (Case No.: 23-01633)
- Notice of Appeal to a Court of Appeals from an Order of a District Court 4/6/2023
- 3rd Circuit – Briefing & Scheduling Order
- Opening Brief Of Appellants Delaware State Sportsmen’s Association, et al., 7/3/2023
- Opening Brief of Co-Appellants Gray and Graham, et al., 7/3/2023
- Amicus Curiae Brief GOA, SALC, et. al., in Support of Appellants for Reversal 7/10/2023
- Amicus Curiae Brief National Shooting Sports Foundation, in Support of Appellants 7/10/2023
- Amicus Curiae Brief Montana & 19 Other States, in Support of Appellants 7/10/2023
- Amicus Curiae Brief Delaware Association of Second Amendment Lawyers, in Support of Appellants 7/10/2023
- Amicus Curiae Brief International LE Educators & Trainers Association, et. al., in Support of Appellants 7/10/2023
- State’s Answering Brief 8/16/2023
- Amicus Curiae Brief Everytown for Gun Safety, in Support of Appellee 8/23/2023
- Amicus Curiae Brief Massachusetts & 16 other states, in Support of Appellee 8/23/2023
- Amicus Curiae Brief Giffords Law Center to Prevent Gun Violence, et. al., in Support of Appellee 8/23/2023
- DSSA’s Reply Brief 9/20/2023
- Gray and Graham’s Reply Brief 9/20/2023
- 3rd Circuit – Briefing & Scheduling Order
- Notice of Appeal to a Court of Appeals from an Order of a District Court 4/6/2023
- Order Staying Action Pending Appeal 4/12/2023
- Scheduling
- 2/24/2023 Evidentiary Hearing
11/13/2023 Bench TrialSTAYED PENDING OUTCOME OF 3rd CIRCUIT APPEAL- 07/03/2023 – DSSA brief due to 3rd Circuit RE Motion for Preliminary Injunction
- 8/2/2023 – Answering Brief due by State of Delaware
- 8/23/2023 – Reply brief due by DSSA to State’s Answering Brief
- 3/11/24 – Oral Arguments
More pleadings will be uploaded soon.