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

by
posted on July 17, 2024
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

USFWS Seeks Public Input To Improve Access To Federal Lands A
USFWS Seeks Public Input To Improve Access To Federal Lands A

USFWS Seeks Public Input to Improve Access to Federal Lands

The U.S. Fish and Wildlife Service (USFWS) is asking the public to identify service-managed lands where people would most like to see new or improved public recreation access.

#SundayGunday: Hill Country Rifles Dangerous Game

On this episode of #SundayGunday, we’re taking a look at a beautiful custom rifle built to take on the biggest, meanest and nastiest critters from the plains of Africa to the big forests of the North, the Dangerous Game Rifle from Hill Country Rifles.

Ruger Announces the Latest Edition of the Ruger Precision Rifle

Sturm, Ruger & Company, Inc. has introduced the latest edition of the Ruger Precision Rifle (RPR). The RPR's new and improved design is the result of years of feedback from competitive shooters.

More Than 168,000 Acres Restored Through Unusual Utah Program

Utah’s innovative Watershed Restoration Initiative improved and restored 168,882 acres of high-priority watersheds and habitats during the state’s past fiscal year.

Recipe: Venison Italian Pot Roast

An Italian pot roast starts with a soffritto base of finely chopped onions, carrots, and celery. The extra surface area brings out the flavors and provides a bed for the roast.

Translocated Grizzlies in Yellowstone Ecosystem Another Step in Delisting?

Grizzly bears in the Northern Continental Divide Ecosystem and Greater Yellowstone Ecosystem have populations of bears that have surpassed recovery goals. Is this a step toward delisting?

Interests



Get the best of American Hunter delivered to your inbox.