By Dave Workman
Editor-in-Chief
Prospective handgun buyers in Delaware are preparing for implementation of a new state law which will require a state-issued permit to purchase or transfer a handgun, according to WHYY News.
The law takes effect Nov. 16, and the federal lawsuit challenging it is still making its way through the courts. That 49-page federal lawsuit was filed Nov. 19, 2024 in U.S. District Court for the District of Delaware.
According to the new law:
“An unlicensed person may not sell or transfer any firearm to any other unlicensed person without having conducted a background check through a licensed firearms dealer in accordance with § 1448A of this title and § 904A of Title 24 to determine whether the sale or transfer would be in violation of federal or state law, and until the licensed firearms dealer has been informed that the sale or transfer of the firearm may “proceed” by the State Bureau of Identification, through the Firearm Transaction Approval Program under subchapter VI of Chapter 85 of this title or 25 days have elapsed from the date of the request for a background check and a denial has not occurred.
(2) An unlicensed person may not sell or transfer a handgun to any other unlicensed person unless the potential purchaser or transferee has a valid handgun qualified purchaser permit issued by the State Bureau of Identification under § 1448D of this title.”
Permits-to-purchase are universally condemned by gun rights activists who argue they violate the constitution. No enumerated fundamental right, they contend, should first require acquisition of a permit from the police in order to be exercised. There is no such requirement to exercise any other civil right.
One firearms instructor quoted by the WHYY story, Bill Walters with the 302 Tactical Operations Group, told the station he expects “dozens” of people to register for his November class, which is scheduled a few days after the new law kicks in.
Delaware State Police are reportedly still in the process of setting up the permitting system.
According to the story, Delaware is among nearly a dozen states, including New Jersey and Maryland, which require a permit-to-purchase, “for all firearms or just handguns.” Whether the lawsuit challenging this law will be successful remains to be seen.
