The Delaware Superior Court has struck down a portion of House Bill 451, a measure signed into law in June 2022, that required hunters between the ages of 18 and 21 to be directly supervised by an adult aged 21 or older. The court ruled on August 29 that Delaware’s constitutional right to keep and bear arms applies to all residents 18 and older, nullifying the supervision requirement. The measure was signed into law just months before the 2022 midterm election.
House Bill 451 was introduced on June 2, 2022, during the 151st General Assembly. The bill’s primary sponsor was Representative Pete Schwartzkopf. Additional sponsors included Representatives Valerie Longhurst, Larry Mitchell, Stephanie Bolden, Paul Baumbach, along with Senators David Sokola, Bryan Townsend, and Tizzy Lockman.
Co-sponsors of the bill were Representatives David Bentz, Nnamdi Chukwuocha, Franklin Cooke, Bud Freel, Krista Griffith, Kendra Johnson, John Kowalko, Sean Matthews, Melissa Minor-Brown, Eric Morrison, Edward Osienski, and Kim Williams, along with Senators Kyle Evans Gay, Sarah McBride, Trey Paradee, and Laura Sturgeon.
Governor John Carney signed HB 451 into law on June 30, 2022, as part of a broader package of firearm legislation. The measure prohibited individuals under 21 from purchasing, owning, or possessing most firearms or ammunition, with limited exceptions for those in the Armed Forces, qualified law enforcement officers, or holders of concealed carry permits. It allowed possession for hunting, instruction, and sporting purposes only under direct supervision of someone at least 21.
The recent court decision declared that applying such restrictions to adults 18 and older violated Delaware’s constitution. The Department of Natural Resources and Environmental Control has since updated its hunting regulations, clarifying that those aged 18 to 21 may hunt without direct adult supervision, while supervision requirements remain for individuals under 18.
The court’s ruling leaves intact the other provisions of HB 451 but underscores the legal and political risks of advancing legislation that imposed limitations on constitutionally recognized rights.
