DELAWARE – The Superior Court for the State of Delaware has determined that Delaware’s constitutional right to keep and bear arms extends to all Delawareans aged 18 or older, eliminating a provision in state law requiring hunters between ages 18 and 21 to be directly supervised by a person age 21 or older.
The ruling was issued Aug. 29, 2025, by Kent County Resident Judge Reneta L. Green-Streett in Birney et al. v. Delaware Department of Safety and Homeland Security et al., Del. Superior Court C.A. No. K23C-07-019 RLG. The court found in favor of the plaintiffs.
The provision, part of a 2022 law signed by then-Gov. John Carney (House Bill 451), would have gone into effect for the first time during Delaware’s 2025-26 hunting seasons, beginning Monday, Sept. 1. The decision states in its conclusion that "HB 451’s provisions that do not affect the rights of 18-to-20-year-olds… remain intact."
In response to the ruling, the Department of Natural Resources and Environmental Control will update the online version of the 2025-26 Delaware Hunting and Trapping Guide. The updated guide will clarify that individuals ages 18 to 21 may hunt without being under the direct supervision of a person age 21 or older.
Requirements for hunters under age 18 remain unchanged under state code and still require adult supervision.