Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

Tuesday, July 16, 2024

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

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.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

TRENDING NOW
All Flags, No Fix: Michigan’s Real Public Safety Problem

News  

Monday, August 31, 2026

All Flags, No Fix: Michigan’s Real Public Safety Problem

Sorry, Michiganders, but the state has developed a serious problem with crime and consequences.

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

News  

Monday, August 31, 2026

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

On August 12, the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) sent a letter to U.S. House Committee on Science, Space and Technology Chairman Brian Babin (R-Texas) reiterating what gun rights ...

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

News  

Monday, August 31, 2026

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

The anti-gun programs and policies of the Biden-Harris administration have been falling like dominoes, lately.

Australia Remains Committed to Eliminating Guns from the Law-Abiding

News  

Monday, August 31, 2026

Australia Remains Committed to Eliminating Guns from the Law-Abiding

It’s been a long time since Australia had relatively sensible gun laws.  While national regulations did not really come into play until the 1990s, the states and territories began imposing severe restrictions on lawful gun owners ...

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

News  

Monday, August 31, 2026

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

FAIRFAX, Va. — The National Rifle Association Institute for Legislative Action (NRA-ILA) todaylaunched its first-ever national bus tour, the 2026 NRA’s Gun Bus Battleground Tour, a more than two month, 13-state campaign to energize and ...

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

News  

Monday, August 31, 2026

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

Heading into hunting season, America's sportsmen and women have another significant development from the Trump administration worth celebrating.

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

Friday, August 28, 2026

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

The U.S. District Court for the District of New Mexico granted summary judgment holding New Mexico’s 7-day waiting period law unconstitutional in Ortega v. Grisham—a case brought by the National Rifle Association and Mountain States ...

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

News  

Monday, August 24, 2026

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

There has been a certain amount of anticipation while the Federal Bureau of Investigations (FBI) analyzed the available crime data for last year. The speculation among many was that the report would be, not just ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

NRA Files Lawsuit Challenging Denver’s Nonresident Handgun Carry Ban

Monday, August 31, 2026

NRA Files Lawsuit Challenging Denver’s Nonresident Handgun Carry Ban

Today, the National Rifle Association (NRA) and the Colorado State Shooting Association (CSSA), together with members Greg Howeth of Hawaii and Zackary Dougherty of South Carolina, announced a lawsuit filed in the U.S. District Court ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.