Weapons allowed in state parks
A Superior Court decision has finalized rules for carrying guns in state parks.
In an Oct. 11 decision, ending months of public hearings and input, state park visitors may carry weapons in some areas. Weapons will still be prohibited in certain areas.
In a back-and-forth battle for gun rights, the Bridgeville Rifle & Pistol Club and individual John R. Sylvester appealed a state ban on firearms in Delaware's state parks to Delaware Supreme Court, which ruled in 2017 in the gun club's favor, remanding the case to Superior Court to revise the Department of Natural Resources and Environmental Control's anti-gun regulations.
The Supreme Court determined that Delaware's Constitution protects a resident's right to bear arms under Article 1, Section 20. The decision also stated DNREC's regulations violated the U.S. Constitution's Fourth Amendment protecting individuals from undue searches and seizures, and the 14th Amendment on due process because law enforcement officers had been allowed to do more than “merely ask questions.”
“Under the challenged regulations, law enforcement officers can request any visitor to display his or her identification or permit and then detain that visitor for a period of time sufficient to conduct a background check,” the decision read. “These regulations give unfettered discretion to stop state park and forest visitors, question them and require identification without requiring a scintilla of evidence of criminal activity.”
Under the now finalized regulations in designated areas, it is unlawful to display, possess or discharge firearms of any description. This includes air rifles, BB guns, slingshots or archery equipment.
Designated areas where those weapons are prohibited include park offices, visitor centers, nature centers, bathhouses, restaurants and snack bars, swimming pools, guarded beaches and water parks. Weapons are allowed in camping areas, according the court decision.
Delaware residents and out-of-state residents who have permits for concealed carry are allowed to carry weapons in state parks even in designated areas that prohibit weapons.
Long standing legal battle
The Superior Court decision is the final leg of a legal battle that has lasted for years.
The original lawsuit, filed in December 2015 by the Bridgeville Rifle & Pistol Club in Chancery Court, argued state regulations banning firearms in state parks and forests violate the Delaware Constitution and the right to bear arms. In June 2016, the Chancery Court denied a request to remove the gun ban and dismissed the case.
Shortly after, the complainants refiled the lawsuit in Superior Court, which again sided with state agencies in a December 2016 decision. The following month, January 2017, the complainants appealed to Delaware Supreme Court, which ruled against the firearm ban Dec. 7.
In response to the Supreme Court ruling, DNREC Secretary Sean Garvin and Delaware Secretary of Agriculture Michael Scuse had issued temporary regulations Dec. 27 that expanded possession of firearms in state parks and forests.
