Delaware Superior Court overturns a law requiring Delawareans to be at least 21 years of age to purchase a firearm.
In 2022, Delaware passed a law moving the firearm purchase and possession age from 18 to 21 with the exception of shotguns and muzzle-loading weapons.
It provided an exemption for active members of the Armed Forces, a qualified law-enforcement officer or those with a license to carry a concealed deadly weapon.
Under the law, those under the age of 21 were able to possess or control a firearm to lawfully hunt while under the direct supervision of a person 21 years of age or older.
The Delaware State Sportsmen's Association (DSSA), the state’s NRA affiliate, sued the state over the bill, arguing it violates the Delaware Constitution, and three years later, the court issued a summary judgement in agreement on August 29.
“Our argument was that Delaware's constitutional amendment protects anybody that's of-age being able to purchase and possess and keep and bear arms, and the state restricted that right to a certain group between 18 and 21, and we believed that was unconstitutional. The judge agreed," DSSA President Jeff Hague said.
Judge Reneta Green-Streett ruled that the law restricted 18-21 year-olds from exercising their right to “defense of self, family, home and state," therefore conflicting with individual rights outlined in Delaware's Constitution.
At least 20 other states have adopted some age requirement stricter than federal law that says no one below the age of 21 may purchase a handgun.
Hague explains the favorable ruling is just one of many in gun law challenges the association has brought forward against the state while other lawsuits remain in limbo.
“To me, it points out that we've been correct in our assertions all along. This is the fifth time we've won about laws the General Assembly has passed or state agencies [have implemented] that are wrong. They violate individual rights and they're in violation of the [Delaware] Constitution," Hague said.
DSSA's challenge to Delaware's permit-to-purchase law and the state's ban on semi-automatic weapons and high-capacity magazines remain tied up in court.
The Delaware Department of Safety & Homeland Security (DSHS) and the Delaware State Police were named as the defendants in the lawsuit due to their role in upholding the age restriction law.
“The Superior Court decision speaks for itself. The Delaware Department of Safety & Homeland Security was named in the lawsuit because it would be tasked with implementation and enforcement. However, DSHS was not involved in drafting the legislation and did not take any position on it. The agency’s primary mission is to protect the safety of people and property in Delaware," DSHS said in a statement.
Following the ruling, the Delaware Department of Natural Resources and Environmental Control (DNREC) announced it will adjust the online version of 2025-26 Delaware Hunting and Trapping Guide to clarify that individuals between the ages of 18 and 21 can hunt without being under the direct supervision of a person age 21 or older, while the requirements for under 18 remain.
