Appeals court denies stay that would have blocked Delaware assault weapons ban

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This story was supported by a statehouse coverage grant from the Corporation for Public Broadcasting.

Gun rights supporters suffered another setback this week in their attempt to overturn Delaware laws banning assault weapons and large capacity magazines.

The Third Circuit Court of Appeals on Monday upheld the 2023 denial of injunctive relief by a district court. The Delaware State Sportsmen’s Association (DSSA) had sought to temporarily block Delaware’s laws passed in 2022 banning assault weapons and large-capacity magazines until a judge ruled on their lawsuit against the state.

Large-capacity magazines are defined in the law as being able to accept more than 17 rounds of ammunition. Lawmakers also raised the age to buy most firearms from 18 to 21.

The DSSA, along with other gun advocate groups, sued in 2022 to overturn the bans and, about four months later, the association asked for a stay of enforcement of the laws until the merits of the case was decided.

Delaware Attorney General Kathy Jennings and New Jersey Attorney General Matthew Platkin argued the issue of the injunction before the Third Circuit Court of Appeals in March.

DSSA and the other plaintiffs contend the laws violate the Delaware Constitution and the Second, Fifth and Fourteenth Amendments of the U.S. Constitution. The constitutionality of the laws is still being litigated in district court.

Third Circuit Judge Stephanos Bibas said the plaintiffs had not shown that a preliminary injunction was necessary to prevent irreparable harm.

“They do not even allege that Delaware has tried to enforce the disputed laws against them or to seize the guns or magazines that they already own,” Bibas wrote. “Nor do they allege a time-sensitive need for such guns or magazines. This status quo shows no signs of changing.”

Bibas said the court took no position on the merits.

AG Jennings praised the ruling in a statement.

“The idea that the Founders envisioned unfettered access to AR-15s when they described a ‘well-regulated militia’ is a delusion,” her statement said. “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.”

Read the full opinion below.