Carney signs handgun permit bill into law

Senate Substitute Bill 1 for Senate Bill 2 was signed into law May 16 and was promptly challenged by a sportsmen’s group.

Gov. John Carney reiterated his commitment to reducing gun violence.

“We have banned assault weapons, bump stocks and high-capacity magazines. We’ve passed red flag laws and prevented straw purchases. And signing this piece of legislation is another important step forward to help keep our communities safe,” he wrote in a press release. 

The bill requires anyone who buys a handgun to apply for and obtain a permit, and to pay for fingerprinting and training. The permit is free, and those who have a concealed-carry permit do not need an additional permit. Qualified law enforcement officers, both active and retired, are also exempt. 

The Delaware State Sportsmen’s Association said in a press release that it objects to the bill because it violates the rights of Delaware residents.

“Without a doubt, ‘A right delayed is a right denied,’” the press release reads. “‘Permit to purchase intentionally delays citizens at risk from exercising their right to keep and bear arms for defense of self, family, home and business. Victims of domestic violence are especially harmed by this legislation, as are others whose well-being has been threatened by would-be violent offenders.”

The bill originally passed the Senate 15-6 in May 2023, but after the House added four amendments March 7 during its 23-16 approval with two absent, the bill headed back to the Senate for another round. 

The four House amendments increase a valid permit to two years, eliminate training requirements for competitive shooters or those employed who receive legal training, and exempts application and permit information from the Freedom of Information Act. 

On March 14, the bill returned to the Senate and passed 15-6 – the same vote as the first go-around.

Senate Republicans had added 15 amendments to the bill March 13, but all were struck down. These include making clear a person’s due-process rights to retain a permit; allowing an aggrieved party sufficient time to identify, meet with and retain competent legal counsel; requiring prompt issuance of a permit if certain criteria are met by a handgun-qualified purchaser; confirming that the State Bureau of Investigation is to grant the purchase permit if no grounds exist for a denial subsequent to an investigation; shortening the timeframe in which a hearing in the Justice of the Peace Court must proceed if an aggrieved person requests a hearing after revocation or denial of a purchase permit; creating a remedy for a person denied a permit to recover from SBI $1,000 in liquidated damages per day for each day beyond the 30-day requirement, attorneys fees incurred for pursuing relief in Superior Court, court costs, and interest at the legal rate; removing language to create a registry of Delawareans who own firearms, preventing SBI from retaining certain information and eliminating language in the act that would permit law enforcement agencies to create a firearm owner registry; changing the effective date of the legislation until the Firearms Transaction Approval Process is fully implemented by the State Bureau of Identification and other Delaware governmental entities, and also that the act will not become effective until the Registrar of Regulations publishes final regulations related to the act; and creating a burden of proof for a dispute in which the sufficiency of an employer's firearm training is challenged. This amendment also directs that an applicant with training from multiple employers shall be able to rely upon all training received for determining whether the applicant has received sufficient training.