Delaware Supreme Court Upholds Gun Age Limit Law

State of DE - The Delaware Supreme Court has ruled that House Bill 451 is constitutional. The law restricts most firearm purchases and possession to people 21 and older.

Attorney General Kathy Jennings announced the ruling on Tuesday, September 8. The Court sided with her by a vote of 4-1.

Governor John Carney signed House Bill 451 into law on June 30, 2022. The law stops anyone under 21 from purchasing, owning, possessing, or controlling most firearms. It does allow some exceptions, including shotguns and muzzle load rifles, out of respect for hunters.

Delaware's NRA affiliate sued to overturn the law soon after it passed. In August 2025, the Delaware Superior Court agreed with the plaintiffs and struck the law down. Jennings then appealed that decision to the Delaware Supreme Court.

The Superior Court had found that lawmakers had a real goal in mind with the bill. That goal was addressing gun violence among people between 18 and 20 years old. Even so, the Superior Court ruled the law placed too heavy a burden on that age group's right to bear arms in self-defense.

On appeal, the State argued the Superior Court made incorrect assumptions about the law's exceptions when weighing that burden. The plaintiffs argued the court should have used the U.S. Supreme Court's newer "history and tradition" test instead. The Delaware Supreme Court disagreed and chose to stick with its existing legal standard.

The Court agreed with the State that the Superior Court made an error in how it judged the law's burden. Because of that error, the Court reversed the Superior Court's ruling. House Bill 451 is now back in effect.

Attorney General Jennings called the decision a win for public safety. "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 Attorney General Kathy 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. The Court overwhelmingly recognized that and we are grateful for the ruling."

With the law reinstated, Delawareans under 21 are once again barred from purchasing or possessing most firearms under state law.

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