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

Ledeservice Awards More Than
Ledeservice Awards More Than

More Than $6.6 Million in Tribal Wildlife Grants to Advance Conservation

The U.S. Fish and Wildlife Service (USFWS) is awarding more than $6.6 million to federally recognized Native American and Alaska Native tribes to benefit fish and wildlife resources and their habitats. This year’s funding will support 35 tribes for conservation projects across 15 states, benefiting a wide range of wildlife and habitat, including species of cultural or traditional importance to Indigenous communities.

Hardware Review: TriStar KR.22

TriStar is noted for shotguns, but Bryce Towsley recently received a test gun from them that’s much different. Check out his review on the TriStar KR.22.

New for 2026: Browning Trail Cameras' Security Tree Strap

Browning Trail Cameras has released a Security Tree Strap, a durable and dependable mounting solution to keep trail cameras in place in nearly any environment.

Proof Research Introduces PXT Rifle Barrel Technology

Proof Research has launched Proof Exponential Twist (PXT), an advancement in rifling that promises to improve durability, accuracy and shootability. Further, Proof has backed this new technology with extensive military testing and research. Engineered to meet the demands of modern high-pressure ammunition, PXT is billed as delivering longer barrel life, improved consistency and enhanced performance.  

Ammo Analysis: So You Like 'em Heavy?

Phil Massaro discusses what might make someone opt for a heavy-for-caliber choice when taking on game.

New for 2026: Steiner eDiscovery 10x42 Binoculars with Integrated Camera

Steiner Optics has introduced the eDiscovery 10x42 binoculars, combining clarity and durability with a fully integrated 4K camera.

Interests



Get the best of American Hunter delivered to your inbox.