Buckeye Reporter

On May 19, the National Rifle Association Institute for Legislative Action (NRA-ILA) announced a lawsuit challenging Delaware's newly implemented permit-to-purchase law. This law mandates that Delaware residents must secure a "Handgun Qualified Purchaser Permit" prior to purchasing a handgun. The process of obtaining this permit involves an 11-part training course, which the applicant must complete at their own expense, among other requirements. The permit is valid for two years, and applicants must have completed the training course within the previous five years to qualify. Furthermore, if a permit is revoked, law enforcement is directed to confiscate all handguns purchased with the permit.

The lawsuit was filed on May 16, 2024, coinciding with Governor John Carney signing the bill into law. The complaint argues that this law infringes upon rights protected by the Second Amendment and Fourth Amendment, as well as the right to keep and bear arms as outlined in the Delaware Constitution.

The plaintiffs in this case include three individuals along with the Delaware State Sportsmen’s Association and Bridgeville Rifle & Pistol Club. The defendants are Nathanial McQueen Jr., Cabinet Secretary of the Delaware Department of Safety and Homeland Security, and Col. Melissa Zebley, Superintendent of the Delaware State Police.

Attorneys Joseph Greenlee and Erin Erhardt from NRA-ILA are representing the plaintiffs alongside Francis Pileggi of Lewis Brisbois. The case has been filed in the federal district court of Delaware under Neuberger v. Delaware Department of Safety and Homeland Security.