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

NRA Foundation Logo LEDE
NRA Foundation Logo LEDE

NRA Foundation Donates $30,000 to Help Feed Missouri Families

The NRA Foundation has once again stepped up to fight hunger in Missouri, donating $30,000 to help feed children and families across the state through a partnership with the Conservation Federation of Missouri (CFM), Feeding Missouri, and the Share the Harvest Program.

New Video Demonstrates Benefits of School Programs on Conservation

The latest Partner With a Payer video released by the U.S. Fish and Wildlife Service highlights the impact of youth shooting sport programs and the role they play in long-term conservation funding.

Hardware Review: Barnes Harvest Collection

Check out Bryce Towsley's review of this fall whitetail slayer from Barnes.

New for 2025: Alps OutdoorZ DU Legacy Line

For those seeking a fusion of classic looks and continued performance from their waterfowl hunting accessories, the Alps OutdoorZ’s DU Legacy Line Accessories are worth a look.

Hunting with a Twist: Rethinking the .30-06

In a world where the wheel seems to be continually reinvented, ballistically speaking, what about working with an existing platform to achieve new performance goals? Come with me as we take an academic tour of an American icon and its versatility as a worldwide critter getter. Let me re-introduce you to the .30-06 Springfield.

First Look: AirForce Airguns Condor-SL and CondorSS-SL

AirForce Airguns, the American manufacturer of high-power, modular Pre-Charged Pneumatic rifles, has announced the release of the Condor-SL and CondorSS-SL.

Interests



Get the best of American Hunter delivered to your inbox.