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

Praxis Frame Pack LEDE
Praxis Frame Pack LEDE

New for 2026: Latitude Outdoors Whitetail Frame Packs

Mobile whitetail hunters have long faced a familiar compromise: carry a lightweight pack for the hunt, or haul a frame pack for the pack out. Latitude Outdoors has released a pack to solve that problem, with a frame system built from the ground up for the mobile whitetail hunter.

The Problem with Pressures: A +Peak Revolution?

The history of the projectile, and of the centerfire cartridge, is fascinating, and it seems as though we are ready to take the next step forward. Or are we? Let's take a look at how pressures have affected cartridges throughout history, and the evolution that seems to be currently starting.

More than $1.3 Billion Raised by Duck Stamp Sales

On June 26 the 2026-2027 Federal Migratory Bird Hunting and Conservation Stamp, aka Duck Stamp, went on sale. The fact it raises about $40 million for conservation annually gets the headlines, but there are underpublicized benefits for making the $25 purchase—even non-hunters.

Hardware Review: Henry H23 SPD PREDATOR

Check out Frank Melloni's review of the Henry H23 SPD PREDATOR.

First Look: Hawke Optics Vantage HD 30 SF

Hawke Optics has introduced its Vantage HD 30 SF, a second-focal plane riflescope line boasting System H2 optics for clarity.

Pyrodex Turns 50

Pryodex, the revolutionary black powder substitute that continues to be one of Hodgdon Powder Company’s most popular products for hunters who head afield with a “smoke pole,” was first introduced at the 1976 NRA Annual Meetings & Exhibits.

Interests



Get the best of American Hunter delivered to your inbox.