DELAWARE- The Delaware Sportsman's Association, Bridgeville Rifle and Pistol Club and others have filed a temporary restraining order in federal court, seeking to halt enforcement of a new handgun permit law. The law is set to take effect on Nov. 16, arguing the law violates the Second Amendment.
Filed in the U.S. District Court for the District of Delaware, the order targets Senate Substitute 1 for Senate Bill 2, which requires people to obtain a state-issued permit before purchasing a handgun. Plaintiffs claim the state has failed to create the infrastructure needed to issue the permits, which they argue amounts to a total and unconstitutional ban on purchasing handguns.
The part of the plaintiffs' argument relating to infrastructure includes the portal to sign up. Court documents argue the application portal was still inactive as of late October, and the permit system’s infrastructure, including training approvals and regulations, was not in place.
The plaintiffs are asking the court to issue an immediate injunction to prevent enforcement of the law while the case continues, saying that without action, people in Delaware could be left unable to protect themselves, face criminal charges or even lose their businesses.
The State Bureau of Identification will oversee the new permitting process. There are several requirements under Permit to Purchase, some of those requirements include: completing a firearms safety course, fingerprinting and undergo a background check.
However, people who already have a valid Delaware Concealed Carry Deadly Weapon license are not required to apply for a separate handgun permit, said DSP. Active and retired law enforcement officers, members of the military and certain other groups may be exempt from the training course.