Delaware has joined the ranks of states with permit-to-purchase handgun laws, marking a significant shift in gun policy. The state’s recent enactment of Senate Bill 2, which requires handgun purchasers to obtain a permit following safety training and a background check, aims to tighten gun control and reduce firearm-related violence. The move places Delaware alongside its neighbors Maryland and New Jersey, as well as other jurisdictions like New York, Connecticut, and Washington, D.C., in an effort to curb gun trafficking and enhance public safety.
The permit-to-purchase law, signed into action by Governor John Carney, is the culmination of a six-year legislative effort and arrives against a backdrop of increasing violent crime rates. Advocates, such as Delaware AG Kathy Jennings, promote the bill as a way to reduce straw purchases, a major problem in Delaware where many crime-related firearms come from within the state.
Supporters argue that the law will lower rates of homicides, firearm suicides, and gun trafficking, referencing studies from Johns Hopkins Center for Gun Violence Solutions.Traci Manza Murphy, the executive director of the Delaware Coalition Against Gun Violence, expressed the belief that the safest state can be achieved through commitment and proper implementation of the law.
This legislative stride has not come without opposition. Less than a day after the governor signed the bill, the Delaware State Sportsmen’s Association (DSSA), affiliated with the National Rifle Association, filed a lawsuit challenging the law’s constitutionality. The DSSA contends that the law impinges on the rights of law-abiding citizens and law enforcement to defend themselves, labeling it as a “politically-motivated, ill-advised and unrealistic attempt to address the rising violent crime.”
The DSSA’s lawsuit leverages the 2022 Supreme Court decision NYSRPA v. Bruen, which posits that historical tradition should be a factor in gun regulation. The group also contends that the law’s demand for a permit echoes an “ugly racist history of gun-control laws” and discriminates against economically disadvantaged Delawareans by removing a provision for income-based vouchers for the required training.
Delaware’s Attorney General Jennings is determined, emphasizing that the law treats all handgun buyers equally, maintaining that those without felony convictions still have the right to own guns—though with the condition of responsible handling.
Relevant articles:
– From Spotlight Delaware – Delaware joins permit-to-purchase states, faces legal challenge , delawarebusinessnow.com, 05/22/2024
– The Perils of Governance by Stockholder Agreements, The Harvard Law School Forum on Corporate Governance, 05/21/2024
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