Delaware’s highest court said Tuesday that a 2022 law banning First State residents under the age of 21 from owning a firearm is legal.
The law prohibits Delawareans under the age of 21 from purchasing, owning, possessing, or handling most firearms. It passed the General Assembly along party lines.
It does contain exemptions, which allow people under 21 to use a gun for hunting. And a law passed this year that allows 16 to 17 year olds with valid hunting licenses to target practice and hunt without someone older than 21 present.
A 2025 decision from a State Superior court judge suspended the age restriction law, who agreed with the Delaware Sportsmen's Association that the law prevented 18 to 21 year-olds from exercising their right to, “defense of self, family, home and state.”
But it goes back into effect, since Delaware’s Supreme Court justices overturned the 2025 decision this week.
State Rep. Krista Griffith (D- Fairfax) co-sponsored the legislation in 2022. She said challenges to legislation are a part of the process.
"I wish it didn't happen so often, but it doesn't deter me from pursuing legislation that helps protect Delawareans," she said.
The Delaware Supreme Court’s decision said because the law has exemptions allowing 18–21-year-olds to have shotguns and muzzle-loading rifles, it, “regulates rather than prohibits an individual’s right to bear arms.”
Democratic lawmakers backing the legislation in 2022 claimed the restrictions would help reduce gun deaths for young adults. The Justices agreed the bill’s goal justifies the added restrictions.
Among gun control advocates and groups that track gun violence, such as Everytown, Delaware consistently ranks in the top ten to fifteen states for preventative policy. According to a site that measures CDC data on gun deaths, Delaware's gun death rate for 18-25 years olds in 2023 was 24 per 100 thousand. That was higher than the national rate of 23 per 100 thousand.
