Third Circuit rejects appeal that would have blocked Delaware gun control laws

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.