Appeals court rejects gun lobbyists’ plea for injunction on two gun laws

The Third Circuit U.S. Court of Appeals has denied a request for injunctive relief from gun lobbyists challenging Delaware’s ban on assault weapons and large-capacity magazines. The Delaware State Sportsmen’s Association (DSSA) filed a lawsuit in 2022, arguing that the new gun regulations violated both the U.S. and Delaware Constitutions. The association requested a preliminary injunction to halt the enforcement of the ban until a decision on the case’s merits could be made, but this motion was denied by a federal judge and later affirmed by the Third Circuit U.S. Court of Appeals. DSSA President Jeff Hague expressed disappointment with the ruling and discussed potential next steps, including appealing to the full Third Circuit or filing a writ of certiorari with the Supreme Court. Judge Stephanos Bibas, in the decision, emphasized that the denial of the injunction did not determine the merits of the case. Attorney General Kathy Jennings praised the ruling, asserting that Delaware’s gun safety laws were important for keeping communities safe. DSSA still has challenges pending against Delaware’s permit-to-purchase law and age requirement to own a firearm. While the ruling was a setback for the gun lobbyists, the case is ongoing, and the constitutionality of the new gun regulations remains unresolved.

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