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Delaware judge finds law prohibiting gun purchases by people under age 21 is unconstitutional
Judge Reneta L. Green-Streett ruled that HB 451's gun purchase ban for ages 18 to 20 violates Delaware's Constitution, affirming their right to bear arms under Article I, Section 20.
- On August 29, Superior Court Judge Reneta L. Green-Streett granted the plaintiffs' Motion for Summary Judgment and denied the defendants' Cross-Motion, ruling HB 451's age limits infringe 18-to-20-year-old Delaware residents' constitutional right to self-defense under Article I, Section 20.
- On July 18, 2025 plaintiffs filed suit challenging HB 451 after the Delaware State Sportsmens' Association and Bridgeville Rifle & Pistol Club joined Gavin Birney's challenge raising the purchase age to 21.
- The court reasoned in its legal analysis that Judge Reneta L. Green-Streett held constitutionally protected rights cannot depend on discretionary licensing, found some HB 451 provisions infringe 18-to-20-year-olds, and noted Delaware's 1987 state constitutional amendment and Delaware Supreme Court precedent.
- With hunting season starting this past week, HB 451's regulations never took effect, DNREC updated its 2025-26 Hunting and Trapping Guide, and Jeff Hague praised the ruling but urged swifter resolution.
- Other litigation remains pending and could test related provisions as the Delaware State Sportsmens' Association pursues three lawsuits; Rep. Bryan Shupe plans to repeal HB 451 in January, while gun violence prevention advocates and Senate President Pro Tempore David Sokola express disappointment.
8 Articles
8 Articles
Associated Press News
Delaware judge finds law prohibiting gun purchases by people under age 21 is unconstitutional
A judge has ruled that a Delaware law tightening gun regulations for residents under the age of 21 violates the state Constitution.
Delaware Court Rules Disarming Young Adults is Unconstitutional
Biden Pressuring Delaware for Gun Control to Score a Political Victory, iStock-884197836 On July 18, 2025, the Delaware State Sportsmen’s Association and the Bridgeville Rifle and Pistol Club sued the Delaware Department of Safety and the Delaware Superintendent of State Police. The lawsuit challenged a law passed in 2022, which made the possession and purchase of certain firearms by anyone between the ages of 18 and 21 illegal. The lawsuit was …
Delaware court rules tighter gun regulations unconstitutional
Why Should Delaware Care?The enactment of stricter hunting supervision and firearm purchase rules prompted pushback from many Southern Delaware hunters. A state court ruling that the more stringent regulations are unconstitutional is a victory for hunters, but a loss for gun violence prevention advocates across the state. A judge ruled last week that a Delaware law tightening gun regulations for residents under the age of 21 violates the state …
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