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

Herman Shooting Raptor II
Herman Shooting Raptor II

#SundayGunday: TriStar Raptor II

The early season may be over, but as most waterfowlers know, the best is yet to come. The month of January is prime for duck hunting, and with that in mind, we want to showcase a new shotgun from TriStar arms that has proven to be a reliable workhorse in the duck blind: the semi-auto, gas-operated Raptor II, featuring enhanced furniture, modern finishes, and a dollar-to-gun ratio that is off the charts. Learn more about it in this exclusive video.

Flint and Tinder Launches Realtree Edge Camo Pajama Collection for the Holidays

Flint and Tinder, the American-made apparel brand owned by Huckberry, has unveiled a highlight of its holiday collection—the Flint and Tinder x Realtree Edge Camo Pajama Collection. A limited release for this holiday season, this line delivers cozy comfort with an outdoors edge for those who love to blend in and unwind.

Recipe: Air Fryer Spice-Crusted Venison Roast

Venison is ideally suited for air frying, especially tender cuts such as the loin, inside or center round or top sirloin.

Florida’s First Bear Hunt in a Decade Opens Dec. 6

A Florida court denied a temporary injunction last month that would have stopped the state’s first black bear hunt since 2015. One hundred and seventy-two hunters, who paid for the opportunity to help manage the black bear population, can head afield in search of a Sunshine State bruin beginning Saturday. 

10mm Matchup: Semi-Automatic Pistol vs. Revolver

We pit the modern M&P 2.0 against the classic Model 610 to see how they affect 10 mm Auto ammunition performance.

First Look: Beretta AX800 Suprema

Beretta has unveiled its new AX800 Suprema, a ground-up engineered waterfowl shotgun that pushes the company’s performance, durability and ergonomics into a new class.

Interests



Get the best of American Hunter delivered to your inbox.