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

001 Sw3gun Cover 01
001 Sw3gun Cover 01

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.

Reviewed: Allen Tejon and Bruiser Whitetail 2.0 Gun Cases

Have a big rifle or slug gun that none of your soft cases seem to fit? Don’t let your firearms get banged up. Take a look at Allen’s Tejon or Bruiser Whitetail 2.0 cases!               

First Look: Marlin Trapper Series Model 1894 in 10mm Auto

Marlin has introduced the first ever lever-action rifle chambered in 10mm Auto. The Marlin Trapper Series Model 1894 in 10mm Auto is launching in conjunction with Hornady Manufacturing Company’s new LeveRevolution 10mm Auto ammunition.

Hardware Review: Steyr Pro Hunter III SX

While its most recognizable gun remains the ever-futuristic-looking AUG tactical bullpup first made in 1977 and still used by militaries worldwide, Steyr also makes handguns and hunting rifles. Its Pro Hunter III SX rifle is an all-around hunting rifle and a great example of Steyr quality, a trait much easier felt than described. I’ll try it anyway.

NRA Foundation Awards $250,000 Grant to USA Shooting to Support National Team Programs

The NRA Foundation announced a $250,000 grant to USA Shooting to support the organization’s national team programs.

Interests



Get the best of American Hunter delivered to your inbox.