Gun lobbyists' appeal for injunction in assault weapon ban case denied by appeals court

The U.S. Court of Appeals for the 3rd Circuit ruled Monday against the Delaware State Sportsmen's Association's challenge of two of the state's gun reform laws, reaffirming the District Court’s order denying injunctive relief.

The Delaware State Sportsmen’s Association filed the lawsuit in 2022, shortly after the General Assembly passed a package of bills that limited high-capacity magazines, increased the purchasing age from 18 to 21 for most firearms and banned assault weapons. The association was joined by Bridgeville Rifle and Pistol Club, the Delaware Association of Federal Firearms Licensees and the Delaware Rifle and Pistol Club.

The lawsuit claimed House Bill 450 and, later, a substitute to Senate Bill 6 violated the Second and 14th Amendments. The bill and substitutions banned assault weapons, including AK-47s and AR-15s, and large-capacity magazines, which are any magazines that can hold over 17 bullets.

DSSA and other plaintiffs argued that these laws infringed on Delawareans' right to have assault weapons for "self-defense and other lawful purposes" and negatively affected businesses by limiting what they could sell. They sought a preliminary injunction in federal court that would put a temporary ban on the laws at the center of the legal case until a decision was finalized.

A District Court judge denied the plaintiffs the injunction in March 2023, prompting the groups to appeal. Their case was heard in the U.S. Court of Appeals for the 3rd Circuit about one year later.

The appeals court ultimately agreed with the lower court's assessment, writing in their opinion that the potential "injury" alleged by the DSSA "does not threaten the court’s ability to decide the case or to give meaningful relief later on."

"We do not hold that Second Amendment harms, or constitutional harms generally, cannot be irreparable," wrote 3rd Circuity Judge Stephanos Bibas. "Still, the scant evidence before us here hardly shows that the challengers’ harm is."

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Bibas added that the Second Amendment "does not compel Delaware to turn a blind eye to the safety of its citizens."

Delaware Attorney General Kathy Jennings praised the court's decision, saying in an official statement that gun lobbyists' "crusade against common sense gun safety policy has once again proven to be an expensive failure."

"The idea that the Founders envisioned unfettered access to AR-15s when they described a 'well-regulated militia' is a delusion," Jennings said. "Assault weapons and large capacity magazines are modern tools whose sole purpose is to kill."

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