Delaware Supreme Court Set to Decide Fate of Under-21 Gun Bans
Delaware's highest court will hear arguments Wednesday, June 10, on whether the state can legally ban firearm ownership for adults under 21. The case—DE Department of Safety and Homeland Security v. Birney—will determine if age-based restrictions survive constitutional scrutiny after the U.S. Supreme Court's 2022 Bruen decision fundamentally reshaped Second Amendment law.
The Case Before the Court
Delaware law currently prohibits handgun ownership for anyone under 21 and restricts long gun purchases for those under 18. Plaintiffs challenging the restrictions argue the state cannot meet the new constitutional standard established by Bruen, which requires government to justify gun laws through historical tradition rather than public safety arguments alone.
The case name references Delaware's Department of Safety and Homeland Security, the state agency defending the age restrictions. Oral arguments scheduled for June 10 will pit Second Amendment advocates against state officials tasked with defending existing firearms regulations.
Post-Bruen Legal Battleground
Since the U.S. Supreme Court's 2022 Bruen ruling, federal courts have invalidated numerous age-based gun restrictions across multiple states. The Delaware case arrives amid a wave of similar litigation challenging whether governments can restrict firearm rights based on age alone.
Historical precedent matters most under Bruen's framework. Courts must examine whether comparable age restrictions existed during America's founding era or the 19th century to justify modern prohibitions. Delaware must demonstrate historical support for its 21-year-old handgun ban.
Why This Matters for Gun Owners
Young adults between 18 and 21 occupy a legal gray zone nationwide. Federal law permits long gun purchases at 18 but requires buyers to be 21 for handguns from licensed dealers. Delaware's stricter state rules effectively prevent 18-20 year-olds from exercising Second Amendment rights entirely.
A Delaware Supreme Court decision invalidating the age restrictions would affect thousands of young residents currently barred from lawful firearm ownership. It could also influence litigation in other states with similar prohibitions.
For daily carriers and Second Amendment advocates, the case signals whether age restrictions can survive the post-Bruen legal environment. Precedent established here could ripple across Northeast states with comparable gun laws.
DownRange Analysis
Delaware's legal exposure looks significant. Post-Bruen courts have consistently rejected age restrictions unsupported by historical tradition. The state faces burden of proof—it must affirmatively demonstrate that 18th and 19th century America restricted firearm ownership for young adults in comparable ways.
Delaware's case differs from federal law challenges because it involves state constitutional review alongside Second Amendment analysis. This dual-track approach might provide additional arguments, but it also complicates matters.
Expect the state to emphasize brain development and public safety data. Courts consistently reject these arguments post-Bruen, but Delaware may attempt to distinguish its case from prior decisions. Plaintiffs will hammer historical precedent—or lack thereof—supporting age-based restrictions.
The June 10 oral arguments represent a critical juncture. Young adult gun owners across Delaware are watching. A favorable ruling opens firearm access to an entire demographic currently excluded from Second Amendment exercise. An unfavorable decision invites additional litigation and might strengthen state arguments against future challenges.
Source: Original reporting
