A new ban on popular semi-auto firearms hyped by President Biden is the subject of a federal lawsuit challenging Delaware's prohibition as unconstitutional under the Second Amendment.

The suit, filed this week by two Delaware residents and a local firearms retailer along with the Firearms Policy Coalition and Second Amendment Foundation, takes state officials to task over a ban signed into law in June by Gov. John Carney. Violators can be charged with a felony, punishable by up to eight years in prison. At the time it was adopted, Biden gushed in support of the move, calling it "historic" that Delaware became just the eighth state to install such restrictions. 

However, in their suit, the 2A groups argue that the state knew the ban was likely unconstitutional as it was adopted after the Supreme Court handed down its landmark Bruen decision, one that sets a historical benchmark to grade the applicability of gun control regulations. 

"In this case, the analysis is straightforward,” reads the 29-page complaint in part. "The Plaintiffs may not be prohibited from exercising their right to keep and bear arms. The Second Amendment’s text covers the conduct the Plaintiffs wish to engage in and the arms they wish to acquire and possess. The arms the Plaintiffs wish to acquire and possess are not dangerous and unusual today. Moreover, there is no analogous history supportive of Delaware’s Ban. Thus, under the Supreme Court’s precedents, the constitutionally relevant history, and the proper analysis, Plaintiffs must prevail."


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"By adopting this statute after the Supreme Court’s Bruen ruling, Delaware is clearly ignoring the court, and the Second Amendment,” said Alan Gottlieb, SAF founder and executive vice president. "This case cuts right to the heart of our mission, which is to defend the rights of gun owners by challenging egregious gun control laws in court. This law is extremism on steroids and cannot be allowed to stand."

The case is known as Gray, et.al. v. Jennings.

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