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

Support 110 And 112 Crossbar Elite 2
Support 110 And 112 Crossbar Elite 2

First Look: Buck Knives 110 & 112 Crossbar Elite

The next evolution of Buck’s iconic 110 and 112 family pairs classic design with a modern crossbar lock, MagnaCut steel and premium materials.

Range Tested: Traditions' .50 Caliber Nitrobolt Muzzleloader

A review on this latest addition to Traditions' Federal Firestick powered line up.

Winchester Contributes More Than $500,000 to Conservation for a Continent Campaign

Winchester recently announced it has contributed more than $500,000 over the past seven years to the historic Ducks Unlimited (DU) Conservation for a Continent Campaign. The campaign generated an unprecedented $4.06 billion for continental conservation and stands as the most ambitious conservation campaign ever undertaken on behalf of North America’s wetlands and waterfowl.

#SundayGunday: Ruger LC Carbine

This week on #SundayGunday, we’re checking out a nifty survival or predator carbine—the Ruger Light Compact Carbine—LC for short—chambered in .45 ACP.

Why National Hunting and Fishing Day Matters

National Hunting and Fishing Day, which is observed on the fourth Saturday of September each year (September 26 this year), is a day we should know one thing about: Hunters are America’s original conservationists.

Hunting Cape Buffalo: Don’t Just Stand There—Keep Shooting

A 49-year veteran of hunting the Cape buffalo is here to say encounters with the great beast aren’t always as you imagine.

Interests



Get the best of American Hunter delivered to your inbox.