DOVER, DE — A highly contested gun control measure in Delaware is scheduled to take effect in less than a month, sparking renewed debate over its constitutionality and effectiveness. The “Permit to Purchase Law,” passed in May 2024 along party lines, mandates that anyone seeking to buy a handgun in Delaware must first obtain a state-issued permit.
Beginning November 16, prospective handgun buyers will be required to complete an extensive application process through the Delaware State Police Bureau of Identification. This includes fingerprinting, a criminal background check, and proof of completion of a state-approved firearms training course.
The mandated training covers 11 specific topics, including safe handling, live-fire exercises, suicide prevention strategies, and methods for de-escalation and avoidance of violent encounters. The cost of the training must be paid by the applicant.
Certain individuals are exempt from the law, including active law enforcement officers, retired law enforcement, and those holding valid Delaware concealed carry permits.
Earlier this month, the Delaware State Police announced the Permit to Purchase portal would soon open — it is now live and accepting applications.
The new requirement is already facing legal challenges. The Delaware State Sportsmen’s Association and the Bridgeville Rifle & Pistol Club filed suit to block the law, arguing that it violates both the U.S. Constitution and Article I, Section 20 of the Delaware Constitution, which guarantees the right to keep and bear arms for defense, hunting, and recreation. The law infringes on a fundamental civil right by forcing citizens to seek permission before purchasing a constitutionally protected item.
“This bill is being done for one reason and one reason only — to save lives,” said Delaware Attorney General Kathleen Jennings during the original 2024 legislative debate. Supporters claim that adding training and vetting will reduce gun-related violence and suicides.
However, available data suggests the law may have limited impact on criminal gun use. According to a U.S. Department of Justice survey, 56% of state and federal inmates who used a gun during a crime had obtained it illegally — either by theft, through the black market, or by finding it at a crime scene.
In Delaware, a 2020 report from the state’s Criminal Justice Council revealed that 75% of suspects in shooting cases had at least one prior arrest for a violent felony. Over half had three or more such arrests.
Delaware already enforces laws such as universal background checks, a minimum age requirement of 21 for handgun purchases, and a red flag law — raising questions about the necessity and added burden of the new permit system.
Delaware now joins over a dozen states with similar laws. Roughly half of those require a permit to purchase any type of firearm, while the remainder, like Delaware, apply the requirement only to handguns.
Gun rights advocates continue to question whether the law will hold up in court, especially in light of recent Supreme Court rulings that have reaffirmed the individual right to keep and bear arms.
While public safety is a shared goal, mandating a permit to exercise a constitutional right sets a concerning precedent. Laws that burden law-abiding citizens — particularly those who already pass background checks — are unlikely to deter criminal behavior that thrives outside legal channels. With the law now just weeks from enforcement, Delawareans are watching closely to see how courts and communities respond.
