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

Diabetes Reduction Proposal Part of Delaware’s Bid for $1 Billion

The State of Delaware has submitted an application for up to $1 billion from the federal Rural Health Transformation Program. The filing includes 15 projects, programs, and initiatives to expand healthcare access, lower costs, and increase the medical workforce in […]

Diabetes Reduction Proposal Part of Delaware’s Bid for $1 Billion

Diabetes Reduction Proposal Part of Delaware’s Bid for $1 Billion

The State of Delaware has submitted an application for up to $1 billion from the federal Rural Health Transformation Program. The filing includes 15 projects, programs, and initiatives to expand healthcare access, lower costs, and increase the medical workforce in […]

Diabetes Reduction Proposal Part of Delaware’s Bid for $1 Billion

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

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