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

First Breach 223
First Breach 223

New for 2026: First Breach Ammo

Hagerstown, Maryland’s First Breach is a new company, based on a father/son team who are passionate about quality ammunition.

Top 10 Bowhunting Items of SHOT 2026

Bowhunting is a gear-intensive endeavor. Make sure you have the very best.

MDT Expands Timbr Core Line with Savage 110 Model

MDT has announced its Timbr Core Walnut Stock for the RH Savage 110 Short Action, expanding the Timbr Core lineup and bringing classic walnut craftsmanship to a modern, precision-focused rifle stock.

Knight & Hale Expands Run N' Gun Vest Line with New Models

Knight & Hale Game Calls has expanded its Run N' Gun turkey vest line. Designed for hunters who demand speed, stealth and efficiency in the field, the new lineup promises lightweight comfort, storage and versatility.

#SundayGunday: Taurus 650

On this week's #SundayGunday, we’re taking a deep dive into a compact wheelgun that’s built to balance power, concealability and rugged reliability. This is the stainless‑steel Taurus 650—Taurus’s reintroduced small‑frame, five‑shot revolver chambered in .357 Magnum. Learn more about it in this exclusive video.

52 Bears Harvested in Florida Season

There were 52 bears harvested during Florida’s first bear season since 2015.

Interests



Get the best of American Hunter delivered to your inbox.