Attorneys representing the Second Amendment Foundation (SAF) and its allies in two federal court challenges to Delaware’s gun and magazine bans have filed a petition with the U.S. Supreme Court, seeking certiorari. They are asking the high court to decide whether a violation of Second Amendment rights automatically constitutes irreparable injury.
The cases—Gray v. Attorney General Delaware and Graham v. Attorney General Delaware—were consolidated with a third case in the Court of Appeals. In the Gray case, SAF is joined by the Firearms Policy Coalition (FPC), DJJAMS LLC, and two citizens, William Taylor and Gabriel Gray.
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The Graham case involves SAF, FPC, and two additional citizens, Christopher Graham and Owen Stevens.
The plaintiffs are represented by attorneys Bradley P. Lehman of Gellert, Scali, Busenkell & Brown in Wilmington, Delaware, alongside David H. Thompson, Peter A. Patterson, and John D. Ohlendorf of Cooper & Kirk in Washington, D.C.
In their petition, SAF and its partners reference prior Supreme Court rulings, particularly one that states that the loss of First Amendment rights, even for brief periods, constitutes irreparable injury. They are now asking the court to determine whether this same standard applies to Second Amendment rights.
“All rights protected by the Constitution are equal,” said SAF founder and Executive Vice President Alan M. Gottlieb, “and therefore any infringements on one right should merit the same degree of scorn as infringements against another right.”
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“The Circuit Courts of Appeals have split over whether an infringement of Second Amendment rights inflicts an irreparable harm,” noted SAF Executive Director Adam Kraut. “The Seventh and Ninth Circuits have held that infringements constitute irreparable harm, while the Third Circuit disagrees. It is this split which should bring Supreme Court review and a ruling which applies uniformly across the circuits.”
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