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

Herman Shooting Colt Viper
Herman Shooting Colt Viper

#SundayGunday: Colt Viper

On this week's #SundayGunday, we're checking out the Colt Viper revolver, a perfect choice for backcountry hunters looking for Magnum-level protection. Perfectly sized for carry both in and out of the woods, the Viper boasts a hefty .357 Magnum chambering so hunters can hike easy in bear country.

First Look: Armageddon Gear Fat Bags

Armageddon Gear Fat Bags shooting bags are an ultralight and versatile solution to a rifleman’s need for weapon and body support in the field and on the range.

JB Hodgdon Retires from his Namesake Company

Hodgdon Powder Company, The Gunpowder People, expressed their thanks and deep appreciation to co-founder JB Hodgdon upon his retirement last month from full-time service at Hodgdon. Mr. Hodgdon assumed the position of Chairman Emeritus on the Hodgdon Powder Company board effective January 1, 2025.

Animal Extremists Mount Legal Offensive Against Sportsmen

Animal extremist groups have recently announced their decisions to hire additional attorneys to challenge predicted federal government regulations and actions regarding energy, the environment and endangered species.

Trophy Scan Launches 3D Scoring Mobile App for Hunters

Trophy Scan has debuted its first mobile app, allowing users to score and memorialize their trophies on the fly.

NRA Accepting Submissions for 2025 George Montgomery Wildlife Art Contest

Students in grades 1 through 12 are eligible to win cash prizes!

Interests



Get the best of American Hunter delivered to your inbox.