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Striking while the iron was hot, the National Rifle Association on May 19 filed a lawsuit challenging Delaware’s new law requiring a permit to purchase a firearm. The filing came on the very same day the measure was signed into law by Gov. John Carney.

 

NRA filed the lawsuit, Neuberger v. Delaware Department of Safety and Homeland Security, in the federal district court of Delaware on behalf of three individuals, the Delaware State Sportsmen’s Association and the Bridgeville Rifle & Pistol Club.

 

At issue is the new law that requires Delaware residents to obtain a “Handgun Qualified Purchaser Permit” before purchasing a handgun. To obtain a permit, a person must—at his or her own expense—complete an 11-part training course, in addition to a number of other requirements.

 

According to NRA’s Institute for Legislative Action, a permit is valid for only two years, and to qualify for a permit the applicant must have completed the training course within the prior five years. Additionally, the law has a confiscation component built in where if a person’s permit is revoked, the law instructs law enforcement to confiscate all handguns acquired with the permit.

 

The complaint points out a number of problems in the new law that cannot be rectified without the law being overturned.

 

“Not only is the amount of information the applicant must provide onerous, they also must attend a certified “firearms training course” with 11 different parts—one part more than the course required to obtain a CCDW permit in the State of Delaware,” the complaint states. “Another requirement is to fire at least 100 rounds of ammunition. The individual must also submit to fingerprinting and undergo a state and national background check. All of this at the applicant’s expense. Moreover, the state may delay another 30 days to approve or deny the application before a person is able to exercise an enshrined right in the U.S. Constitution.

 

“SS1 for SB 2 does not explain where the firearm used in these courses will come from if the applicants cannot purchase a handgun. The State appears to have overlooked that applicants would need to possess and own a handgun in order to complete the training courses SS1 for SB 2 mandates in order to possess and own a handgun.”

 

The complaint further argues that the law discriminates against poorer Delaware residents wishing to purchase a handgun.

 

“Further, the final form of SS 1 for SB 2 removed a firearms training course voucher program—in effect, leaving those without the financial means to pay for the required training without a way to purchase a handgun for self-defense,” the complaint stated. “Omission of a voucher program is one of several ways the State discriminates against economically disadvantaged Delawareans through SS 1 for SB 2.”

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25 COMMENTS

  1. Delaware is a dud and it should be obvious to anyone that the powers that be are trying to make firearm ownership as difficult as possible. Delaware is proving beyond any doubt that they do not care about the safety of their citizens nor the U S Constitution and the B O R that they took an oath to defend. The ultimate goal here is obvious in that if they make even purchasing a firearm so time consuming and expensive that many will not bother. Laws of this sort, F O I D cards etc have one goal. Then the powers that be lie about how much they support the 2nd Amendment.

    • It’s NY/NJ moving in with their baggage and allowing Wilmington to run the state. Thankfully PA is big enough to not let a similar thing happen as quickly but this will be an important case for everyone facing blue invaders.

  2. “The complaint further argues that the law discriminates against poorer Delaware residents wishing to purchase a handgun.”

    Is there a racial component to this discrimination? After all requiring identification to vote is onerous and prejudicial.

    • How about ” I spent my life’s savings on my gender affirmation procedures and can’t possibly afford to meet this new commonsense burden. I maybe required to join the local gang to be able to obtain my firearms without ANY silly roadblocks. “

    • A disproportionately large portion of poor are Afro Americans. That makes it racial discrimination. This argument has sometimes won and sometimes lost when applied in various cases.

      • Delaware was the last state to get rid of slavery, hang a person for execution, whip a person as part of a sentence, and then senator now president opposed bussing (read integration) in public schools within the lifetime of almost everyone posting here. I am not sure it would be taken well.

  3. (as i go though more and more of my wife’s annual contract research through NIH)

    Trivia Fun Fact: According to the Bureau of Justice Statistics, (though use of) National Crime Victimization Surveys, since year 2000 to end of year 2022 (I haven’t done examination of 2023 yet).. for the two categories of crime rape and murder … there was an average of 207,000 (rounded figure) rapes and 436,000 (rounded figure) murders prevented annually by Defensive Gun Use in the form of brandishing only. That’s 643,000 violent crimes (just for two types) prevented annually just by the victims defensively brandishing their firearm.

    • Correction for: “…just by the victims defensively brandishing their firearm.”

      should have been…

      …just by the victims (or someone defending the victim) defensively brandishing their firearm.

  4. This moderation has to go. In the past two days I’ve posted some stuff that went to moderation. No bad words, just news and information (and this morning some stuff from examination of the NCS data for defensive gun use) … and none of it has appeared yet.

  5. Try to think of a way we can punish Delaware democrats or the entire state for keeping that horses a$$ in office all these years. Delaware is a crooked state and joe is the head of the snake.
    Did you know they passed a law preventing you from buying a ICE car starting 2030 in Delaware.

    • It isn’t the only state. I think all the usual suspects are considering or have passed such laws, including California. I wonder if the law applies solely to new cars, or will they wipe out the used car market as well? (I don’t know how they could do that without it constituting a taking of private property for a public “benefit” equal to the value of the used cars.) Personally, when my vehicles die (which hopefully will not be anytime soon) I don’t see how I could afford to replace them with EVs. One of my vehicles is a specially modified van with a ramp to transport my wife and her power chair. It cost me almost $30,000 used. New ones go for near six figures. Unless new battery tech comes along that will massively reduce the price, there will be an awful lot of people driving ICE cars until the wheels fall off.

      • IC parts will become non existent.
        Once ole Betsy breaks down you wont be able to fix it.
        .giv is creating one hell of a problem with the EV only thing.
        As far as stopping global warming, it’s to late.
        Also where is all the juice to power the EV’s going to come from? Wind farms cant do it, hydro cant either. That leaves us Nuke and Coal, and neither of those are green enough.
        Until efficient solar panels are developed they’re pissing in the wind.
        And what about all the bad sht that’s in batteries? Probably find out later it’s way worse then shooting ducks with lead shot.
        Big money has its hands in the push for Electric Vehicles, it’s got nothing to do with saving the planet.

        • Not just your car. I like to keep enough spare parts to repair and refit my primary firearms indefinitely. I want an entire spare parts kit that includes everything but the receiver itself is necessary. Some common wear parts should be in multiples like springs and firing pins.

          Things may get so bad soon that even replacement springs will be considered “ghost gun parts” and will be impossible to source. Spare safety switches, sears, hammers, firing pins? forgetaboutit.

  6. Why hasn’t the NRA gone after the Hawaii permit to purchase program? True, it does not contain the training requirements, but it is still quite onerous in its ow special way.

    • Why not NY, or CT/MA for their firearm permits. Some of it may be strategic venue shopping, some of it may be timing but a lot of it is who has the money to fund it paired with the motivation to do so.

  7. Delaware as Jersey and other Commuunist states that we all know of are sheet holes to avoid. Only idiots and cretins would ever take this course. The SCOTUS needs to kick these ststes in the nuts,and Congrress needs to pass a bill with Constitutional Carry in all states same as a drivers license. Gun carry and owership is a Right and a drivers license is a privlidge

  8. Whatever happened to those basic civil rights now and then mentioned? By the way, anyone care to place a bet on the number of criminal types waiting in line to go through this idiotic procedure.

  9. The goal is not to just elect good people but to change the system so that the bad people who sneak in have to do the right thing, anyway.

  10. Delaware used to be 50/50 in terms of voter registration. But that changed around 2008 when they really turned blue. 2 of 3 voters are registered democrats. New areas are being covered with houses filling with NJ, MD and PA liberals escaping what they did.
    Almost all crime is drug related with handguns. They know this but wont confront their voting block.
    despite 10 percent of the population owning at least one gun there is no support for gun rights. The Republicans barely exist so its one party rule.
    They will vote in gun registration next year along with safe storage laws and then outlaw whole classes of guns. They already banned large mags and made it illegal to transfer ARs under any circumstances, they have to be surrendered when the owner dies.
    Unless the owner moves out of Delaware. Which is OK with them as a lib will replace. The best action is to move to a state that shares your values. Putring up a fight sounds nobel but is a waste of time.

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