Sportsmen and others have filed suit in federal court claiming Delaware’s new permit-to-purchase law violates the state and federal constitutions.
The Delaware State Sportsmen’s Association and others have filed suit in U.S. District court claiming Delaware’s new permit-to-purchase law is unconstitutional.
“This is a case about vindicating fundamental civil rights being trampled on by overbearing legislation that defies controlling legal authority,” says the case filed by Francis G.X. Pileggi and others.
The new law, known as Senate Substitute 1 for Senate Bill 2 as it made its way through the legislature, was signed Thursday by Gov. John Carney to great fanfare from sponsors and groups that supported it.
It essentially requires people buying a handgun to pay for a permit and training before they can purchase a handgun.
“This is another, in a long line of cases, where the General Assembly has blatantly and intentionally ignored the Constitution and pandered to those that would see our rights infringed upon because they believe we as law abiding individuals are subject to a government that thinks they know better how to live our lives,” said Jeff Hague, president of the Sportsmen’s Association, in a statement released Thursday.
Thomas S. Neuberger
Plaintiffs include Thomas S. Neuberger, a lawyer whose more commonly filing suits, not appearing in them; Jerry L. Martin; William R. Hague Jr.; the Sportsmen’s Association and the Bridgeville Rifle and Pistol Club Ltd.
It doesn’t sue the people who created the law. It’s aimed at the Delaware Department of Safety and Homeland Security; Secretary Nathanial McQueen Jr., cabinet secretary of the department; and Col. Melissa Zebley, chief of the Delaware State Police.
They are all responsible for enforcing and implementing Delaware’s laws, “including those that are infringing the right of law-abiding citizens to keep and bear commonly possessed firearms for defense of self and family, and for other lawful purposes,” the suit says.
The new law criminalizes lawful behavior by law-abiding citizens, the suit says, adding that it defies established legal precedents and mirrors a Maryland law that was recently struck down.
Neuberger cites as reasons he’s impacted by the law the protests held at or near President Joe Biden’s house, which Neuberger says he frequently has to drive through; civil unrest that occurred in Wilmington and much of the country in 2020 after the killing of George Floyd Jr.; and nationwide threats against Jewish people since the war in Gaza started.
The Sportsmen’s Association called the bill a “politically-motivated, ill-advised and unrealistic attempt to address the rising violent crime in Delaware” and said it is unconstitutional under both Delaware’s Constitution and the Federal Second Amendment.
Permit-to-purchase will also discriminate against Delawareans who are economically challenged and can’t pay for the permit and the training, or would have a hard time doing it, the association said.
“Without a doubt, ‘A right delayed is a right denied,’” he said.
The law intentionally delays citizens at risk from exercising their right to keep and bear arms and particularly will put victims of domestic violence and those threatened by would-be violent offenders are particularly at risk, the association statement said.
“This legislation is just another example of legislators and government officials demonizing objects rather than holding criminals responsible while ignoring the studies conducted by the
federal CDC suggesting how to address those problems, Hague said in the statement. “It is well known that criminals, by definition, do not obey the law.”
Jeff Hague
Too many defendants are released on unsecured or no bond for violent offenses, he said, and the permit-to-purchase law does nothing to protect the public from them.
The statement said the legislation gives unelected bureaucrats the unfettered ability to decide which citizens of Delaware get to exercise their constitutional right to keep and
bear arms, even law enforcement.
“Permit-to-Purchase is an open invitation to the unethical and politically motivated to discriminate based upon the vague, arbitrary and capricious language of the bill,” the statement said. “It also runs roughshod over the right to not be subject to unlawful search and seizure.”
The new law will not impact criminal behavior, the statement said.
“It will only deprive those law-abiding citizens and law enforcement of the right to defend and protect themselves'” the statement said. “Even law enforcement agrees that when seconds count the police are only minutes away.”
Hague also noted that during the hearings on the bill, when legislators were told the bill was undoubtedly unconstitutional, one legislative leader said. “So, sue us.”
