05/18/2024
NEWS: Permit-to-Purchase Bill Draws A Lawsuit Immediately After Being Signed into Law
MAY 17, 2024 -- Minutes after being signed into law by Gov. John Carney on Thursday, a provocative statute mandating that Delawareans obtain a government-issued permit to purchase a handgun was challenged in court.
The governor signed Senate Substitute 1 for Senate Bill 2, also known as the Permit-to-Purchase Bill, in a ceremony held at Legislative Hall. Sponsored by Senate Majority Whip Elizabeth Lockman (D-Wilmington West), the legislation will require anyone wanting to buy a handgun in The First State to first obtain a handgun purchaser permit, a process that would include fingerprinting, undergoing a criminal background check and completing a fi****ms training course. Applicants would be responsible for covering the cost of training, which could cost hundreds of dollars.
Soon after the Permit-to-Purchase legislation was signed, attorney Thomas Neuberger filed a lawsuit in U.S. District Court on behalf of the Delaware State Sportsmen’s Association (DSSA) and the Bridgeville Rifle and Pistol Club contesting it as unconstitutional.
The filing cites the 2022 U.S. Supreme Court decision in N.Y. State Rifle & Pistol Association v. Bruen, which establishes a two-step test to determine the constitutionality of gun control legislation. The plaintiffs maintain Delaware’s Permit-to-Purchase law fails this test, noting that it mirrors a Maryland statute that was struck down last year by the U.S. Fourth Circuit Court of Appeals for its violation of the U.S. Constitution’s Second Amendment.
Supporters of the bill maintain that it will help reduce gun violence. In a prepared statement released yesterday, Lt. Governor Bethany Hall-Long said: “Gun violence is a public health crisis that deserves time and attention from policymakers. Today, Delaware took a strong step toward safer communities.”
The release also noted that: “National data shows that gun violence is the leading cause of death for children and teens in the United States.”
State Rep. Jeff Spiegelman, R-Clayton, took issue with that claim. "This statement is intentionally framed to mislead the public and promote a false narrative," he said. "In reality, most of these tragedies involve teens illegally obtaining, possessing, and using fi****ms to commit violent homicides against other teens. No one can deny the disturbing nature of these crimes, but it's a dire reality that this law will have no effect in curtailing."
Jeff Hague, president of the Delaware State Sportsmen’s Association, called the legislation a politically motivated, ill-advised attempt to address rising violent crime in Delaware.
“This legislation is just another example of legislators and government officials demonizing objects rather than holding criminals responsible,” Mr. Hague said. “Criminals, by definition, do not obey the law. Too many defendants are released on unsecured or no bond for violent offenses. Permit-to-Purchase does nothing to protect the public.”
According to a study by Delaware's Criminal Justice Council Statistical Analysis Center (Delaware Shootings 2020 - An Analysis of Incidents, Suspects, and Victims), of the 158 people suspected of being involved with a shooting that year, more than three-quarters (77%) had at least one arrest for a violent felony, with 57% having at least three such arrests. Of the 346 shooting victims, 73% had at least one violent felony arrest, with nearly 55% having three or more.
While the report did not include data on how many of these earlier arrests resulted in convictions, people found guilty of violent felony offenses are prohibited from legally purchasing a firearm in Delaware.
If the Permit-to-Purchase law withstands the legal challenge, it will take effect within 18 months.
