DE Supreme Court Reinstates 21+ Age Limits on Most Firearms

DELAWARE – The Delaware Supreme Court has reversed a lower court ruling that removed restrictions prohibiting firearm access to those aged 21 years and under. 

Former Governor John Carney signed HB 451— prohibiting individuals under the age of 21 from purchasing, owning, possessing, or controlling most firearms, with certain hunting exceptions — into law on Jun. 30, 2022, after it was passed by the Delaware General Assembly. It first became effective in 2025.

In response, 18-year-old Gavin Birney filed a joint declaratory judgment action in the Supreme Court, with other plaintiffs, the Delaware State Sportsmen’s Association and the Bridgeville Rifle and Pistol Club. The plaintiffs argued that the law violated Article I, Section 20 of the Delaware Constitution by infringing the rights of individuals aged 18 to 21 to own firearms.

In Aug. 2025, the Delaware Superior Court sided with the plaintiffs, overturning the law. This decision found that HB 451 unreasonably burdened the plaintiffs’ right to keep and bear arms for self-defense, despite the inclusion of a concealed carry carveout in the legislation for handguns. The Superior Court also found parts of the law to be overly vague, and too close to a near “total ban” on young adults’ right to bear arms.

Attorney General (AG) Kathy Jennings appealed the Superior Court’s ruling to the Delaware Supreme Court, and on Tuesday, Sept. 8 the Court ruled 4-1 with AG Jennings.

“Guns are the leading cause of death for kids and teens in our country and nothing should be off the table to change that,” said AG Jennings. “This is a reasonable regulation to reduce gun violence, gun suicides, and accident among young adults while respecting the family traditions, hobbies, and lifestyles of sportsmen and hunters.”

In Tuesday’s decision, Chief Justice C.J. Seitz found that the plaintiffs in the case lacked standing for their challenge as-applied. He argued that, because Birney aged out of the affected class and now holds a concealed carry permit, the case cannot rule on the impacts of an individual, but rather young adults at large. Chief Justice Seitz explained, saying, in part, the following:

“[Plaintiffs] did not explain how H.B. 451 affects the organizations’ members as distinct from the entire affected population of under twenty-one-year-olds. Because the plaintiffs provided an insufficient record to conduct ‘an onerous and fact-specific inquiry to determine whether [their members’] particular circumstances make this presumably constitutional provision unconstitutional when applied to [their members’] unique and personal background[s],’ we review their challenge facially… Because the plaintiffs have not identified any individual adversely affected by H.B. 451, and the law has a generally available carveout, that alone is sufficient for the State to defeat the plaintiffs’ facial challenge. “

Further, Chief Justice Seitz rejected the claim that HB 451 burdened the right to self-defense, instead finding that the provisions were reasonably necessary to meet the government’s objectives.

“The General Assembly enacted H.B. 451 to lower gun violence committed by and perpetrated on young people,” he wrote. “It based this specific goal on statistics, research, and current trends. And it took steps to ensure that H.B. 451 did not burden the right to self-defense more than necessary by providing alternative pathways to exercise Section 20 rights.”

With the Superior Court’s ruling now overturned, the law goes back into effect. To read Chief Justice Seitz opinion in full, click here.