NRA-ILA lawsuit challenges new Delaware permit-to-purchase law

NRA-ILA on May 19 announced a lawsuit challenging Delaware’s new permit-to-purchase law.

The permit-to-purchase law requires Delaware residents to obtain a “Handgun Qualified Purchaser Permit” before purchasing a handgun. To obtain a permit, one must — at his or her own expense — complete an 11-part training course in addition to other requirements. A permit is valid for only two years, and to qualify for a permit, the applicant must have completed the training course within the prior five years. Moreover, if one’s permit is revoked, the law instructs law enforcement to confiscate all handguns acquired with the permit.

The lawsuit was filed May 16, 2024, the same day Gov. John Carney signed the bill into law. The complaint alleges that the law violates the Second Amendment, Fourth Amendment, and the Delaware Constitution’s right to keep and bear arms.

The plaintiffs in the case are three individuals, the Delaware State Sportsmen’s Association, and the Bridgeville Rifle & Pistol Club. The defendants are Nathanial McQueen Jr., the cabinet secretary of the Delaware Department of Safety and Homeland Security, and Col. Melissa Zebley, the superintendent of the Delaware State Police.

NRA-ILA attorneys Joseph Greenlee and Erin Erhardt are counsel on the case, along with Francis Pileggi of Lewis Brisbois.

The case, filed in the federal district court of Delaware, is named Neuberger v. Delaware Department of Safety and Homeland Security.

© 2024 National Rifle Association of America, Institute for Legislative Action. This may be reproduced. This may not be reproduced for commercial purposes.

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