Skip to main content
Delaware House Republicans

Three Years Following Its Enactment, State Gun Control Law Found to be Unconstitutional

September 5, 2025
gavel depicting a court ruling

A state gun control law, signed into law by then-Gov. John Carney, on the last night of the 2022 legislative session, was recently ruled to be unconstitutional.

House Bill 451 (as amended) raised the age to purchase, possess, or control many firearms in Delaware from 18 to 21 years old. (A 1968 federal law already prohibited those under 21 from buying handguns.)

In the case of Gavin J. Birney, Delaware State Sportsmen’s Association, and Bridgeville Rifle & Pistol Club, V. Delaware Department of Safety and Homeland Security, Superior Court Judge Reneta Green-Street ruled that the law violated the state constitution.

In the complaint, the plaintiffs maintained that Article I, Section 20 of the Delaware Constitution affords even broader protections than the oft-cited Second Amendment to the United States Constitution and that the law infringed citizens’ rights. Specifically, the section provides that: “A person has the right to keep and bear arms for the defense of self, family, home and state, and for hunting and recreational use.”

The judge agreed, writing in her conclusion that “at a minimum, some provisions of HB 451 infringe on the right of a subsection of adults, aged 18 to 20,” to exercise these rights.

While the now voided statute did not apply to shotguns or muzzle-loading rifles, it had potentially impacted some hunters between the ages of 18 and 21, requiring them to be under the direct supervision of an adult at least 21 years old.

Those restrictions have been lifted and are reflected in an addendum to the online version of the Delaware Hunting and Trapping Guide (page 17). It clarifies that individuals between the ages of 18 and 21 can hunt without direct monitoring.

Recent Updates


Filter by Category

Sales Tax Not Under Consideration

A discussion at a recent public forum between Kent County business owners and local lawmakers inadvertently led to speculation about Delaware adopting a sales tax. State Sen. Dave Lawson (R-Marydel) joined other Kent County state legislators for the Central Delaware […]

Sales Tax Not Under Consideration

Leading Health Advocates Urge Lawmakers to Prioritize Workforce Growth

Members of the First State Health Leaders Alliance (FSHLA) advocated at Legislative Hall this week to promote their initiatives to support and expand Delaware’s healthcare workforce. Alliance members, including the Delaware Healthcare Association, the Delaware Nurses Association, the Delaware Pharmacists […]

Leading Health Advocates Urge Lawmakers to Prioritize Workforce Growth

State Revenue Growth Lags Proposed Spending

The Delaware Economic Financial Advisory Council (DEFAC) issued its latest state revenue estimate earlier this week for the upcoming fiscal year. This estimate is the third in a series of five, which collectively play a major role in determining state […]

State Revenue Growth Lags Proposed Spending

Skyrockets in Flight? Not in Delaware!

Since 2018, when Delaware broke its long-standing ban on fireworks, a wide variety of pyrotechnics have been sold at dozens of stores and pop-up outdoor locations throughout the state. However, many of the products being purchased violate state law. A […]

Skyrockets in Flight? Not in Delaware!

Sales Tax Not Under Consideration

A discussion at a recent public forum between Kent County business owners and local lawmakers inadvertently led to speculation about Delaware adopting a sales tax. State Sen. Dave Lawson (R-Marydel) joined other Kent County state legislators for the Central Delaware […]

Sales Tax Not Under Consideration

Leading Health Advocates Urge Lawmakers to Prioritize Workforce Growth

Members of the First State Health Leaders Alliance (FSHLA) advocated at Legislative Hall this week to promote their initiatives to support and expand Delaware’s healthcare workforce. Alliance members, including the Delaware Healthcare Association, the Delaware Nurses Association, the Delaware Pharmacists […]

Leading Health Advocates Urge Lawmakers to Prioritize Workforce Growth

State Revenue Growth Lags Proposed Spending

The Delaware Economic Financial Advisory Council (DEFAC) issued its latest state revenue estimate earlier this week for the upcoming fiscal year. This estimate is the third in a series of five, which collectively play a major role in determining state […]

State Revenue Growth Lags Proposed Spending

Skyrockets in Flight? Not in Delaware!

Since 2018, when Delaware broke its long-standing ban on fireworks, a wide variety of pyrotechnics have been sold at dozens of stores and pop-up outdoor locations throughout the state. However, many of the products being purchased violate state law. A […]

Skyrockets in Flight? Not in Delaware!

Delaware Lawmakers Call for Reassessment Redo

For Immediate Release: October 30, 2025For More Information: Joseph Fulgham, 302-744-4184 In the wake of today’s Delaware Chancery Court decision upholding a proposed two-tier system of property taxation, two Delaware State Representatives are calling for New Castle County to repeat […]

Delaware Lawmakers Call for Reassessment Redo

The Road to Equity: Delaware’s Property Reassessment Crisis

by Rep. Mike Smith For the first time in over 40 years, Delaware underwent a comprehensive statewide property reassessment. This process has understandably caused “sticker shock” and frustration for many. It is essential to clarify that this was not a […]

The Road to Equity: Delaware’s Property Reassessment Crisis

Time to Transform Delaware Public Education

By Dr. Jeff Hilovsky, State Representative, District 4 The world is changing nearly faster than we can react. Education in Delaware can lead the way by wisely incorporating Artificial Intelligence (AI) into classrooms now. Education must change, as the centuries-old […]

Time to Transform Delaware Public Education

New Law Mandates Students Receive Financial Literacy Education

Hundreds of students, state officials, and educators joined State Rep. Jeff Hilovsky on Thursday at Delaware State University as his financial literacy education legislation was ceremonially signed into law by Gov. Matt Meyer. Three years in the making, House Substitute […]

New Law Mandates Students Receive Financial Literacy Education