Third Circuit Affirms Denial of Preliminary Injunction in Challenge to Delaware’s "Assault Weapons" Ban

by
posted on July 17, 2024
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
Gavel On White

On Monday, July 15, the Third Circuit Court of Appeals affirmed the district court’s denial of a preliminary injunction in Delaware State Sportsmen’s Association v. Delaware Department of Safety & Homeland Security, NRA-ILA’s lawsuit challenging Delaware’s ban on “assault weapons” and magazines that hold more than 17 rounds.

The Third Circuit emphasized that a preliminary injunction is an extraordinary form of relief that should not be entered lightly. The court explained that the two most important factors are (1) the plaintiffs’ likelihood of success on the merits and (2) whether the plaintiffs will be irreparably harmed absent preliminary relief. But breaking with other federal circuit courts, the Third Circuit held that the deprivation of a constitutional right alone does not constitute irreparable harm. Consequently, the Third Circuit determined that the district court properly denied the injunction.

The Third Circuit expressed no view on the merits of the case or the plaintiffs’ likelihood of success as the case proceeds.

Judge Roth concurred with the judgment of the court but wrote separately to explain why she believes the plaintiffs are unlikely to succeed on the merits. She argued that, for a weapon to be protected under the Second Amendment, it must be (1) widely possessed, (2) commonly employed for self-defense, and (3) not most useful in military service. Because she believes that “assault weapons” and “large-capacity magazines” are most useful in military service—even if they are widely owned for lawful purposes including self-defense—they are not protected “Arms.” Judge Roth’s concurrence does not affect the outcome of the case.

The case will now return to the District Court for the District of Delaware, which will decide the case on the merits.

Stay tuned to nraila.org for future updates on NRA-ILA’s ongoing efforts, and check back at americanhunter.org for the latest in firearm and hunting news.

Latest

Elk Hunting At 101
Elk Hunting At 101

Elk Hunting at 101

Dick Blossom took a cow elk last fall in his home state of Montana at the age of 101. Calvin Coolidge was in the White House when he was born, and the Great Depression and Dust Bowl were years in the future.

New for 2026: TriStar Upland Hunter Thumbhole

TriStar Arms has introduced the Upland Hunter Thumbhole Stock, a 20-gauge over/under shotgun built for the field.

Savage Releases the Next Generation of the Model 110

Savage Arms has announced a new era of its legacy Model 110. The new chapter of this platform features 16 purpose-built models and spans hundreds of new SKUs, including new cartridge offerings and left-hand models.

Duck Hunting with a Sub Gauge

Curious about dropping ducks with a sub gauge? Follow along as Scott Haugen details the pros and cons of running subs.

New for 2026: TAG Precision FiberLok SG Pro Shotgun Sight

Tag Precision announces the introduction of the FiberLok SG Pro Shotgun Sight, a new front sight designed to elevate the shotgun shooting experience through faster target acquisition.

Mule Deer Foundation Renews BLM Agreement, Receives Conservation Grant

The National Fish and Wildlife Foundation (NFWF) has awarded the Mule Deer Foundation (MDF) with a $744,000 grant to expand efforts to restore habitat and improve wildlife connectivity across the Northern Great Plains.

Interests



Get the best of American Hunter delivered to your inbox.