Delaware Court Rights a Long-Standing Wrong; Strikes Down Gun Bans

Give Me Liberty


The Delaware Supreme Court ruling helped reinforce the Second Amendment in Delaware.

By a narrow majority, the Supreme Court of Delaware recently struck down decades-old regulations that it found conflicted with the state constitution by “completely eviscerat[ing] a core right to keep and bear arms for defense of self and family outside the home.”

Article I, Section 20 of Delaware’s Constitution protects the right “to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.” Courts interpreting Section 20 have found this state law is “intentionally broader than the Second Amendment” and specifically protects an independent right to bear arms outside the home. 

Two state agencies had long-standing regulations that effectively banned the carrying of firearms for self-defense in Delaware’s state parks and state forests. The first, adopted by the Department of Natural Resources and Environmental Control (DNREC), prohibited…

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