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.
Jeff Hague, president of the Delaware Sportsman Association, said the new handgun law is not ready to be implemented.
“The law has got contradictions in it, and it's just not ready at this point,” Hague said. He added that the group’s temporary restraining order is aimed at halting the law entirely, not just delaying it.
“That's to stop the implementation because the state's not ready, and they're doing things that are illegal under the existing statute,” he said.
The State Bureau of Identification will oversee the new permitting process. There are several requirements under the Permit to Purchase program, including completing a firearms safety course, fingerprinting and undergoing 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, according to Delaware State Police. Active and retired law enforcement officers, members of the military and certain other groups may be exempt from the training course.
Jennifer Hagen, co-owner of Best Shot, a gun store and range in Lewes, said she has seen a surge in customers since the law was announced.
“We’ve been incredibly busy based on everyone being a little worried that they now have to have a permit in order to purchase a handgun,” Hagen said.
A number of residents in Lewes also voiced support for the permitting process.
