A permit to purchase statute went into effect Sunday in the First State as gun-rights groups filed an appeal against the law.
Passed in March 2024, the new law requires people obtain a permit and complete gun training before they’re allowed to purchase a handgun. The permit itself is free, but fingerprinting and training costs are covered by the applicants.
The Delaware State Sportsmen’s Association, Bridgeville Rifle & Pistol Club and BKK Firearms challenged the law’s constitutionality and tried to block it from going into effect as scheduled.
U.S. District Court Judge Maryellen Noreika rejected their injunction request, ruling their challenge to the law is unlikely to succeed on its merits.
Delaware Attorney General Kathy Jennings said she’s looking forward to seeing the law’s effects throughout the state, including the required training attached to the permits.
“This is a really common sense measure that just says, ‘Look, you have a right to have a handgun, but you need to know how to use it, and you need to know how to store it safely, and you need to know the laws that apply to it,’” Jennings said.
The groups are now appealing the denial of the injunction to the Third Circuit Court of Appeals.
DSSA president Jeff Hague argued lawmakers rushed the process and essentially halted handgun sales in the state.
“Well, how's that constitutional?” Hague asked. “How's that not deprivation of rights? So we'd like to see the federal court, Third Circuit put a halt to it until things are ready at the minimum. At the maximum, we want it stopped until we can have it declared unconstitutional through a trial on the merits.”
People have already applied for and received permits, according to Jennings.
“From the time the law went into effect as a consequence, we showed it's not only enforceable, but it's been successfully used by potential gun buyers,” Jennings said.
A Johns Hopkins report found permit to purchase laws are among the most effective ways to reduce gun violence. It finds states with strong licensing laws are associated with 56% lower rates of fatal mass shooting incidents.
It also confirmed the inverse: Missouri repealed its permit to purchase law and saw a 47% increase in firearm homicide rates and a 23% increase in firearm suicide rates.
Both sides are waiting to hear from the Third Circuit regarding the gun-rights group’s appeal for an injunction.
