In a controversial move, Delaware Governor John Carney has signed into law a “permit-to-purchase” bill that mandates would-be gun buyers to obtain permission from local law enforcement before they can buy a firearm. This new law has already sparked a fierce legal battle, with gun rights advocates filing a lawsuit challenging its constitutionality. The bill’s provisions, its implications, and the immediate legal response highlight the ongoing national debate over Second Amendment rights.
The New Law’s Provisions
The “permit-to-purchase” law introduces several new requirements for gun buyers in Delaware:
- Proof of Training: Prospective gun buyers must provide evidence of completing firearm training within the past five years. This training must include firing at least 100 rounds at a shooting range.
- Renewal and Validity: The required training must be renewed every five years, while the permit itself is valid for only two years.
- Costs Involved: Although there is no direct cost for the permit, applicants must pay for fingerprinting and the mandatory training courses.
Establishment of a Gun Registry
A particularly contentious aspect of the new law is the creation of a gun registry. This registry will keep a list of gun owners, allowing the state to monitor those who have legally purchased firearms. Critics argue that this is an infringement on privacy and could lead to potential misuse of the data.
Governor Carney’s Justification
During the signing ceremony, Governor Carney made it clear that the law is intended to prevent gun violence:
“It’s beyond my comprehension somebody could pick up a gun and shoot somebody with it, but it happens – oftentimes for no apparent reason,” Carney stated. “It’s sad, but if you can prevent them from picking up a gun in the first place then we’ve got a chance.”
Carney’s comments suggest that the bill is aimed more at making it difficult to obtain a gun than at improving safety or training.
Immediate Legal Response
The new law did not go unchallenged. A lawsuit was filed on the same day by five plaintiffs, including Delaware attorney Thomas S. Neuberger, the Delaware State Sportsmen’s Association Inc., and the Bridgeville Rifle and Pistol Club. The lawsuit claims that the law violates fundamental civil rights and overreaches legislative authority.
Key Arguments Against the Law
- Delays in Exercising Rights: The plaintiffs argue that the law intentionally delays individuals from exercising their right to keep and bear arms, especially affecting those at risk, such as victims of domestic violence.
- Constitutional Concerns: The lawsuit points to a recent Fourth Circuit Court of Appeals decision that struck down a similar law in Maryland due to its 30-day waiting period. Delaware’s law, lacking a clear timeline for permit issuance, is seen as equally problematic.
- Potential for Indefinite Delays: Critics note that the law does not specify a timeframe within which the State Bureau of Investigation must issue or deny a permit, potentially leading to indefinite delays.
Future Legal Proceedings
Delaware Attorney General Kathy Jennings has expressed her readiness to defend the law in court. However, given the constitutional concerns and recent judicial trends, there is a significant chance that the law could be enjoined before its scheduled implementation 18 months from now.
Judicial Review and Potential Outcomes
The legal challenge will likely hinge on the “text, history, and tradition” test established in the Supreme Court’s Bruen decision. If the judge adheres strictly to this test, the plaintiffs may well succeed in obtaining an injunction against the law. The court’s decision could set a critical precedent for similar laws across the country.
A Significant Legal Battle
Governor Carney’s signing of the “permit-to-purchase” bill has set off a significant legal battle over Second Amendment rights in Delaware. While the law aims to reduce gun violence, its stringent requirements and potential for indefinite delays raise serious constitutional concerns. As the lawsuit progresses, it will be crucial to watch how the courts interpret and apply the principles of gun ownership rights in this case. The outcome will not only affect Delaware residents but could also influence national gun control policies.
Balancing Public Safety with 2A Rights
What do you think? How do “permit-to-purchase” laws balance public safety with Second Amendment rights? What impact does a gun registry have on privacy and individual rights? How can states ensure that such data is not misused?
Potential Consequences
How do recent judicial decisions, like the Fourth Circuit Court’s ruling on Maryland’s law, influence the future of gun control legislation? What are the potential consequences of indefinite delays in the permitting process for gun buyers? How can these be mitigated while still maintaining public safety?
