Keith Lusher 09.16.25
Delaware residents scored a significant legal victory last week when a Kent County Superior Court judge struck down key provisions of a controversial 2022 law that restricted firearm rights for adults under 21.
Judge Reneta L. Green-Streett ruled on August 29 that House Bill 451’s age restrictions violate the Delaware Constitution, specifically finding that the law infringed on 18-to-20-year-olds’ fundamental right to “defense of self, family, home and state.”
The timing couldn’t have been better for young hunters. With the decision coming just days before Delaware’s hunting season opened on September 1, the restrictive regulations never actually took effect, allowing young adults to participate fully in this year’s season.
HB 451, signed by former Governor John Carney in 2022, would have raised Delaware’s minimum age for purchasing firearms from 18 to 21, with exceptions only for shotguns and muzzle-loading weapons. The law also would have required anyone under 21 to hunt under the direct supervision of someone 21 or older.
These restrictions represented a significant departure from previous policy, where licensed hunters could hunt independently starting at age 16.
The Delaware State Sportsmen’s Association (DSSA), Delaware’s National Rifle Association affiliate, led the legal challenge alongside young hunter Gavin Birney and the Bridgeville Rifle & Pistol Club. Their three-year legal battle ultimately vindicated their constitutional arguments.
“Our argument was that Delaware’s constitutional amendment protects anybody that’s of-age being able to purchase and possess and keep and bear arms, and the state restricted that right to a certain group between 18 and 21, and we believed that was unconstitutional. The judge agreed,” explained DSSA Executive Director Jeff Hague.
For plaintiffs like 18-year-old hunter Adrien Cortez from Ellendale, the ruling removes substantial burdens. “This takes a lot of pressure off (my) and a lot of my peers’ shoulders,” Cortez said.
The Delaware Department of Natural Resources and Environmental Control (DNREC) quickly updated its 2025-26 Hunting and Trapping Guide to reflect the court’s decision, clarifying that individuals between 18 and 21 can now hunt without adult supervision, just as they could before the law was passed.
The agency also issued a press release to ensure hunters understood the adjusted regulations for the current season.
The victory represents just one piece of DSSA’s comprehensive challenge to Delaware’s expanded gun control measures. Hague noted this marks the fifth time the organization has successfully challenged state gun laws or agency implementations.
“To me, it points out that we’ve been correct in our assertions all along,” Hague said. “They violate individual rights, and they’re in violation of the [Delaware] Constitution.”
The organization continues pursuing legal challenges against Delaware’s permit-to-purchase requirements and bans on semi-automatic weapons and high-capacity magazines.
State Representative Bryan Shupe (R-Milford), who opposed the original legislation, plans to introduce a bill in January to formally repeal HB 451 entirely, using this court decision as precedent.
The Attorney General’s office has not yet decided whether to appeal the ruling, leaving open the possibility that this constitutional victory for young gun owners could stand as final.
For Delaware’s gun owners, the court’s decision restores rights that many argued should never have been restricted in the first place, ensuring that legal adults can fully exercise their Second Amendment and state constitutional protections regardless of age.
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