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.
