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

LEDE Barnesharvest
LEDE Barnesharvest

First Look: Barnes Harvest Collection Ammunition

Barnes has debuted its Harvest Collection line of ammunition, targeted squarely at American whitetail hunters. Topped with the venerable Sierra Tipped GameKing (TGK) bullet, Barnes Harvest Collection is designed for maximal lethality on thin-skinned game, combining near match-grade accuracy with impressive terminal performance.

First Look: BANISH 30-V2

New from Banish Suppressors, the Banish 30-V2 is an upgraded version of the company’s popular Banish 30 suppressor that is shorter, lighter, quieter and more versatile than ever.

First Look: Hornady 3-in-1 High Speed Power Case Trimmer

The ideal tool for high-volume handloaders, the new Hornady 3-in-1 High Speed Power Case Trimmer brings three case preparation steps into one space-saving tool.

First Look: Kifaru New 44 Mag Pack

Kifaru has announced the highly anticipated relaunch of the 44 Mag pack. First introduced in 2019, the original pack was popular for its versatility and size. While it was still a traditional top-loading pack, the capacity and organization made it a great option for single- or multi-day trips. 

First Look: Trijicon New MRO SD

The next generation of Trijicon’s Miniature Rifle Optic is optimized for use with a magnifier.

Revolver Build: Fink's Custom Taurus Raging Hunter .44 Magnum

This big bore revolver is tricked out for handgun hunting, defense against dangerous game and personal protection. 

Interests



Get the best of American Hunter delivered to your inbox.