DOVER, Del. — A federal judge shot down an injunction seeking to stop Delaware’s new permit to purchase law. The ruling allows Delaware's handgun training and licensing requirements to go into effect Sunday, Nov. 16.
U.S. District Court Judge Maryellen Noreika issued the ruling Friday evening, rejecting a motion for a preliminary injunction filed by gun rights groups, including the Delaware State Sportsmen’s Association, Bridgeville Rifle & Pistol Club and BKK Firearms. The motion sought to halt the law just hours before it was set to take effect.
The decision clears the way for Delaware to implement the new law, which was enacted in May 2024. Beginning Sunday, anyone looking to buy or transfer a handgun in the state will need to obtain a permit first. The permit requires fingerprinting, a criminal background check, and completion of a firearms training course.
People in Delaware who already have a Concealed Carry Deadly Weapon license are exempt from the permit requirement.
Delaware Attorney General Kathy Jennings praised the court’s decision and reaffirmed her support for the law.
"This is not just a win for the State—it’s a win for everyone who has been impacted by gun homicide, gun suicide, or gun trafficking," she said in a statement. "It’s too soon to declare mission accomplished—but this is a good night for common sense gun safety policy."
The law has been the subject of intense legal and political debate. Supporters point to research showing that permit to purchase laws correlate with lower rates of gun violence. Opponents argue that the law is unconstitutional and claim the infrastructure to support it is not fully in place. Plaintiffs in this lawsuit say the permit application portal was inactive as recently as late October and that training standards and regulatory guidelines were still under development.
The court’s ruling only applies to the motion for a preliminary injunction. The broader lawsuit challenging the law’s constitutionality will continue to be litigated in U.S. District Court.