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

Savage Axis 2 Lead
Savage Axis 2 Lead

First Look: Savage Axis 2

With five models to choose from, the new Axis 2 is a great choice for just about anyone including a beginner looking to jump into the game with a quality bolt-action or an experienced hunter looking to modernize his gun locker.

Say ‘Yes’ to Adventure

A first safari may conjure thoughts of what could go wrong. But we must never lose sight of everything that could go right.

Review: Todd Ramirez Custom Shop LLC Bespoke Rifle

If you’re looking for the bespoke experience culminating in a rifle which would undoubtedly become a family heirloom, look no further than Todd Ramirez’s Custom Shop LLC.

Recipe: Venison Scotch Pie

Brad Fenson shares his hunter's take on an old highland favorite—Scotch pie.

First Look: Badlands Approach GT Camouflage

Widely known for its well-regarded line of bino harnesses, packs and hunting clothing, Badlands has officially launched its newest camo pattern—Approach GT.

Sportsmen’s Alliance Files Motion to Halt CDC Dog Rule

The Sportsmen’s Alliance Foundation filed for a preliminary injunction in its lawsuit against the Centers for Disease Control and Prevention (CDC) to immediately halt enforcement of a new rule restricting the importation of dogs into the United States.

Interests



Get the best of American Hunter delivered to your inbox.