Attorney General Clark Files Amicus Brief Supporting Delaware Handgun Law

Attorney General Charity Clark today joined an amicus brief filed in the Third Circuit defending the constitutionality of Delaware's law requiring would-be handgun owners to first obtain a purchaser permit. The amicus brief explains Delaware's shall-issue permitting law is consistent with the Second Amendment and satisfies the two-step test announced by the Supreme Court in the 2022 Bruen case.

The law requires would-be handgun owners to apply for the permit with the Delaware State Police and to be at least 21 years old. They must complete a firearms training course with a certified instructor, complete a fingerprint screening, and pass a background check. This commonsense licensing regime is supported by roughly 70% of Delawareans, including more than 60% of gun owners.

A coalition of 16 attorneys general joined the brief, which explains that states have long used their broad police powers to ensure that only law-abiding, responsible citizens may obtain certain firearms in the interest of public safety and public health. So Delaware's licensing regime not only falls outside the Second Amendment's ambit but is also consistent with the nation's historical firearms regulations.

As the amicus brief notes, every circuit to consider Second Amendment challenges involving shall-issue permitting laws after Bruen has rejected them. The amicus brief explains that a contrary ruling here would severely jeopardize public safety not only in Delaware but also in New Jersey, Pennsylvania, and other states with similar laws. It would also undermine our federalist system.

Joining Attorney General Clark in filing this amicus brief by the attorneys general of California, Colorado, Connecticut, the District of Columbia, Hawaii, Illinois, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Virginia, and Washington.

A copy of the amicus brief is available by request.

CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171