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

Trail Cam Lede
Trail Cam Lede

How To Use Trail Cameras to Find More Bucks and Bulls

Get some tips from Scott Haugen on how to optimize your trail cam grid this season.

New for 2025: Davidson's Exclusive Bergara B-14 FSP Hunter Stainless

Davidson’s has collaborated with Bergara to produce the first complete Bergara rifle with a stainless-steel barreled action available in the USA.

New for 2025: Leica USA Rangemaster CRF Max

Leica Sport Optics USA has unveiled the Leica Rangemaster CRF Max. Designed for hunters and long-range shooters who demand precision and reliability, the CRF Max combines Leica’s optical performance with cutting-edge digital integration and a new heads-up display.

Boone and Crockett Club Poaching Data Published

Did you know that the majority of wildlife violations never result in citations? Sure, with so much ground to cover, it may be easy to guess that most violations committed deep in the backcountry will never see the light of day, but the scale is still quite surprising. 

First Look: Horizon Firearms Exclusive

Custom & Collectable Firearms proudly unveils the Horizon Firearms Exclusive, a 1-of-50 limited series built for hunters and anyone who values accuracy, value and dependability.

Boone & Crockett and Pope & Young Now Accepting Javelina Entries

The Boone and Crockett Club (B&C) and Pope and Young Club (P&Y) announced in August that they have completed scoring procedures and are now accepting entries for javelina (collared peccary, Pecari tajacu) in their record books.

Interests



Get the best of American Hunter delivered to your inbox.