The Third Circuit U.S. Court of Appeals denies gun lobbyists’ request for injunctive relief against Delaware’s ban on assault weapons and large-capacity magazines.
In 2022, the Delaware State Sportsmen’s Association (DSSA) filed a lawsuit against the state, arguing the new gun regulations violate the Second Amendment of the U.S. Constitution, as well as Delaware’s Constitution.
Additionally, DSSA filed a motion for preliminary injunction, requesting the court order the state to halt the enforcement of the assault weapon and large-capacity magazine ban until a decision on the merits of the case could be made.
That motion was denied by a federal judge, which DSSA appealed to the Third Circuit U.S. Court of Appeals, but a three-judge panel affirmed the lower court’s decision Monday.
Delaware State Sportsmen’s Association President Jeff Hague says the injunction was filed based on a similar case in California where a ban on large-capacity magazines is being challenged.
The Ninth Circuit U.S. Court of Appeals affirmed an order staying enforcement of California’s magazine possession ban on constitutional grounds, but Hague says the Third Circuit did not consider the same factors.
“We have to make a decision as to how we proceed. We could appeal the three-judge ruling to the full Third Circuit, or you could actually try to file a writ of certiorari with the Supreme Court saying, ‘Hey, there's now a split between the Ninth Circuit and the Third Circuit,’ and the Supreme Court needs to decide which way should it go," Hague said.
In the decision, Judge Stephanos Bibas wrote that just because a plaintiff will likely succeed on the merits of a constitutional claim, a court is not required to grant a preliminary injunction.
Bibas also wrote that the injury DSSA alleges does not threaten the court’s ability to decide the case or to give meaningful relief later on, and notes the decision still leaves “several ways to vindicate constitutional rights promptly.”
“While I was disappointed that we didn't prevail, one of the things that he did mention was that they did not decide anything about the merits of the case. So the underlying constitutionality, or what we believe unconstitutionality of the statutes, is still up in the air," Hague noted.
Hague says he has yet to consult with the other plaintiffs to decide how they will proceed with the case.
In a statement, Attorney General Kathy Jennings said, "The gun lobby’s crusade against common sense gun safety policy has once again proven to be an expensive failure: Delaware’s gun safety laws all remain on the books."
"The idea that the Founders envisioned unfettered access to AR-15s when they described a 'well-regulated militia' is a delusion. Assault weapons and large capacity magazines are modern tools whose sole purpose is to kill. I’m grateful to the Third Circuit for its ruling and will continue to fight like hell to keep our kids and our communities safe.”
DSSA challenges against Delaware's permit-to-purchase law and 21-year-old age requirement to own a firearm have both yet to receive a trial.
