Sportsmen’s group challenges law increasing gun ownership age to 21
The Delaware State Sportsmen’s Association filed a lawsuit in the Delaware Court of Chancery Nov. 1, challenging a new law increasing the age to purchase most firearms from 18 to 21.
In a press release, DSSA, joined by the Bridgeville Rifle and Pistol Club, and an individual member of both organizations, calls the law an invidious form of politically motivated age discrimination.
The General Assembly passed House Bill 451 June 28, and it was signed into law by Gov. John Carney June 30. The law prohibits a person under the age of 21 from purchasing, owning, possessing or controlling a firearm or ammunition except under limited circumstances. It does not apply to shotguns and shotgun ammunition, muzzle-loading rifles and deadly weapons other than firearms. Persons under the age of 21 may possess or control a firearm for the purpose of engaging in lawful hunting, instruction, sporting or recreational activity while under the direct supervision of a person 21 or older.
DSSA President Jeffrey W. Hague said, “DSSA has been protecting and defending the rights of Delaware’s hunters, sportsmen and women, and law-abiding gun owners since 1968. This is not the first time we have challenged unconstitutional and illegal actions of government officials in court, and it will not be the last. We promised our members and the people of Delaware that if HB 451 ever became law we would challenge that law in court, and today we kept that promise.”
At the same time Carney signed HB 451 into law, he also signed into law Senate Substitute 1 for Senate Bill 6 and House Bill 450. The former bans large-capacity magazines, while the latter bans assault-style weapons. DSSA has already challenged those laws in U.S. District Court in a separate federal action.
Hague said, “House Bill 451, House Bill 450 and Senate Substitute 1 for Senate Bill 6 are all blatantly unconstitutional. We are both duty- and honor-bound to protect the constitutional rights of our members and the people of Delaware, and we shall do so.”
