Background on the Law
In June 2022, then-Governor John Carney signed House Bill 451 into law during the final hours of the legislative session. The measure raised the legal age to purchase, possess, or control many types of firearms in Delaware from 18 to 21.
Federal law had already restricted handgun purchases to those 21 and older, but HB 451 went further by extending limits to other firearms as well.
The Legal Challenge
The statute was challenged in Gavin J. Birney, Delaware State Sportsmen's Association, and Bridgeville Rifle & Pistol Club v. Delaware Department of Safety and Homeland Security.
The plaintiffs argued that HB 451 conflicted with Article I, Section 20 of the Delaware Constitution, which guarantees broad protections for gun ownership:
“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.”
They maintained that these protections go even further than the Second Amendment of the U.S. Constitution.
Court’s Decision
Superior Court Judge Reneta Green-Street sided with the plaintiffs, ruling that HB 451 violated the Delaware Constitution. In her decision, she wrote 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.”
The judge’s ruling voided the law in full.
Impact on Hunters and Young Adults
While HB 451 did not apply to shotguns or muzzle-loading rifles, it had limited access to certain firearms for hunters between ages 18 and 21. Under the statute, those individuals could only hunt if directly supervised by someone 21 or older.
With the law struck down, those restrictions have been lifted. An update to the Delaware Hunting and Trapping Guide (page 17) now confirms that 18- to 21-year-olds may hunt without adult monitoring.
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