Jennings objects to handgun lawsuit

Attorney General Kathy Jennings responded Nov. 7, to a lawsuit filed against Delaware’s handgun permit law, saying the law is supported by Delawareans, and the state is ready and able to issue permits. 

“Permit to purchase is up and running in Delaware, and permits are being issued. Training and licensing for handgun buyers is not just a popular policy, it’s an effective and lifesaving one,” Jennings said in a press release.

A lawsuit was filed in Delaware District Court Nov. 4, asking a federal judge to issue a temporary restraining order blocking implementation of permit to purchase, saying Delaware’s permitting infrastructure is not functioning, amounting to a defacto handgun ban.  

Jennings said permit to purchase has not only been in effect, but also running efficiently since Oct. 28, and the Delaware Department of Safety & Homeland Security has already issued handgun permits to at least 238 applicants in the 10 days since, with most permits processed in just two to three business days. 

“The gun lobby and its attorneys are entitled to their opinions, but not their own facts,” said Jennings. “They should play by the rules and correct their filings with the court.”   

Jennings, through her Office of Impact Litigation, raised these and other objections in a letter to the court, making clear that the plaintiffs’ allegations have no basis in fact.  

Jennings’ letter also objected on procedural grounds. A separate – and substantively identical – complaint from the gun lobby, filed in May 2024, is subject both to a pending motion to dismiss and to a court order barring the gun lobby from amending its complaint.