A contested law restricting gun access in Delaware will be implemented in less than a month.
Enacted in May 2024, the “Permit to Purchase Law” requires anyone wanting to acquire a handgun in The First State to obtain a handgun purchaser permit, a process that includes fingerprinting, undergoing a criminal background check, and completing a firearms training course.
The mandated training and coursework contains 11 specific components, including firearms handling, live shooting exercises, suicide prevention, and methods for avoiding a criminal attack and managing violent confrontations. Applicants are responsible for covering the cost of training.
Concealed carry permit holders, law-enforcement officers, and retired officers are exempt from the mandate.
Earlier today (10/17), the Delaware State Police (DSP) announced the Permit to Purchase Program will soon be open for registration. Under Delaware law, which takes effect on November 16th, a state permit, issued by the DSP’s Bureau of Identification, will be required to buy or transfer a handgun.
The permit to purchase law is currently being challenged in court. The Delaware State Sportsmen’s Association and the Bridgeville Rifle & Pistol Club filed a lawsuit to overturn the statute, arguing that it violates provisions of both the state and federal constitutions.
Article I, Section 20 of the Delaware Constitution recognizes that citizens have the right to keep and bear arms for defense, hunting, and recreational use. The plaintiffs contend the law flouts the fundamental civil rights of Delawareans by requiring a permit to exercise one of their fundamental constitutional freedoms.
The bill cleared the General Assembly along partisan lines and was passed solely on votes cast by House and Senate Democrats.
Proponents of the legislation maintain that it will help reduce gun violence. “This bill is being done for one reason and one reason only—to save lives,” said Delaware Attorney General Kathleen Jennings when the bill was being debated in 2024.
However, data gathered by the state and federal governments seemingly casts doubt on whether the law can significantly impact gun-related crimes.
According to one U.S. Department of Justice study that surveyed state and federal inmates who committed crimes with a gun, more than half (56%) had either stolen it, found it at the scene of a crime, or obtained it from the illegal underground market.
Another study, conducted by Delaware’s Criminal Justice Council Statistical Analysis Center, showed that more than three-quarters of suspects investigated in connection with shooting incidents in 2020 had at least one arrest for a violent felony, and more than half had at least three such arrests.
Delaware law already requires background checks on all gun purchases, specifies that adults must be at least 21 years old to buy a handgun, and bars sales to felons and to anyone objectively identified as posing a threat to themselves or others (a.k.a. red flag law).
More than a dozen states have enacted permit-to-purchase laws, with about half requiring a permit to purchase any firearm and the balance applying only to handguns.
For more information on the impending law, visit the Permit to Purchase website at: https://dsp.delaware.gov/permit-to-purchase/
