Delaware Weapons Ban Can Stay in Effect, Third Circuit Says (1)

Delaware’s ban on semi-automatic guns and large-capacity magazines can stay in place as gun groups challenge its constitutionality, the Third Circuit said Monday.

The gun groups hadn’t shown they’d suffer the necessary irreparable injury without the preliminary injunction they sought, Judge Stephanos Bibas said. “Tradition and precedent have long reserved [preliminary injunctions] for extraordinary situations,” Bibas wrote. “We see nothing extraordinary here.”

The Delaware State Sportsmen’s Association and the Bridgeville Rifle & Pistol Club, representing gun owners, challenged a district court’s denial of their request to temporarily block the Delaware Lethal Firearms Safety Act of 2022 while they seek ...