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

190 Grain 3030 Barnes Original
190 Grain 3030 Barnes Original

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.

First Case of CWD Documented on the National Elk Refuge

The Wyoming Game and Fish Department (WGFD) and the U.S. Fish and Wildlife Service (FWS) announced on May 11 that for the first time chronic wasting disease (CWD) has been documented in Wyoming Elk Hunt Area 77, located on FWS-managed National Elk Refuge.

Range Review: Rock Island Armory PK-12 Pak-Out

This 18.5-inch barrel pump action from Rock Island armory folds in half for easier storage and transport. Check out B. Gil Horman's review of the PK-12 Pak-Out here.

New for 2026: Alps OutdoorZ DU Legacy Waterfowl Bag

For those seeking a classy field bag, the Alps OutdoorZ Ducks Unlimited Legacy Waterfowler’s Bag should be on their radar.

NRA Files Lawsuits Challenging Virginia's Assault Weapons and Magazine Bans

The National Rifle Association (NRA) has announced the filing of lawsuits in both Virginia state court and federal court challenging the so-called "assault weapons" ban and magazine ban signed into law by Governor Abigail Spanberger.

Interests



Get the best of American Hunter delivered to your inbox.