Explore The NRA Universe Of Websites

APPEARS IN News Gun Laws

Round Two: Gun Rights Groups Prevail (Again) in Second Challenge to Firearm Restrictions in Delaware’s State Parks, Forests

Friday, October 12, 2018

Round Two: Gun Rights Groups Prevail (Again) in Second Challenge to Firearm Restrictions in Delaware’s State Parks, Forests

Gun rights groups, including the NRA’s Delaware affiliate, the Delaware State Sportsmen’s Association, scored an encore legal victory this week when the Superior Court of the State of Delaware invalidated parts of newly promulgated regulations imposed by the Department of Natural Resources and Environmental Control (DNREC) and the Delaware Department of Agriculture (DDA) on firearms in state parks and forests.

The October 11, 2018 decision by the court follows an earlier decision in late 2017, Bridgeville Rifle & Pistol Club, Ltd. v. Small, deciding a legal challenge brought by the Bridgeville Rifle & Pistol Club, Ltd., the Delaware State Sportsmen’s Association, and others. There, the Supreme Court of Delaware invalidated the two agencies’ firearm rules, finding these effectively banned the carrying of firearms for self-defense in state parks and forests. The regulations were an “evisceration of the right to self-defense and defense of family in the entirety of Delaware State Parks and Forests [that was] inconsistent with” Delaware’s constitutional right to bear arms. Compared with existing legislative restrictions, the court determined the regulations were “grossly out of step” with the kinds of place-based restrictions adopted by the General Assembly. Further, while the agencies had asserted general public safety concerns as the reason for the bans, they provided no evidence in the record in support, and failed to specify which areas were truly “sensitive places” for the purposes of a firearm ban.

As a result, the two agencies went back to the drawing board and prepared new regulations “to comply with the decision of the Delaware Supreme Court in Bridgeville R&P Club v. DNREC (Dec. 7, 2017) that invalidated portions of the existing regulations governing firearms.”  In the meantime, emergency regulations took effect in late 2017 to fill the regulatory void caused by the court’s ruling. Final regulations were adopted and enforceable as of May 2018.

The new rules included a firearm ban in sensitive places (“designated areas”), but exempting law enforcement officers and Delaware residents with a valid carry permit. Such persons would have to produce their permit on request; residents of other states holding an “equivalent permit or license to carry a concealed firearm may be permitted to carry a concealed firearm at the discretion of the Department.” “Designated areas” under DDA regulations included “State Forest Offices, education centers, and lodges;” under the DNREC regulation, these areas were park offices, visitor and nature centers, bathhouses, restaurants and snack bars, zoos, educational facilities, dormitories, playgrounds, swimming pools, camping areas, guarded beaches, and water parks. The regulations also gave law enforcement officers an unfettered authority to conduct identification and permit checks on those present in state parks and forests. 

The court reviewing the new regulations granted in part the plaintiffs’ motion for summary judgment and invalidated portions of the regulations. Although the agencies had the authority to regulate the use of state lands, this authority was subject to existing restrictions in the state constitution and state laws. Because the restrictions fell short of a total ban, the court applied “intermediate scrutiny” review, which required the agencies to show their regulations served important government objectives, where the means chosen were substantially related to furthering those objectives without burdening the fundamental right of self-defense more than reasonably necessary.       

Turning to the specific restrictions, the court determined that the designation of camping areas, camp sites and lodges as “designated areas” failed to satisfy intermediate scrutiny. Even though “designated areas” arguably made up less than one percent of the total area of state parks and forests, these were the areas where “many visitors spend much of their time.” Such places lacked a meaningful controlled entry point; visitors were not screened by security in any way; and the areas were not monitored by law enforcement, which meant campers and other visitors were present at their own risk, without reliable access to emergency assistance. In addition, the public safety justification the agencies advanced for this “substantial” burden on gun rights was “unsupported” by any evidence in the record.

The next regulations, giving blanket authority to law enforcement to conduct automatic “background checks” based on permits and ID documents on request and in the absence of probable cause or a reasonable suspicion of criminal wrongdoing, were an unconstitutional violation of the Fourth Amendment guarantee against unreasonable searches and seizures. These “show me your papers” regulations “give unfettered discretion to stop …visitors, question them, and require identification without requiring a scintilla of evidence of criminal activity.”      

Regulations that purported to give DNREC and the DDA the discretion to issue temporary concealed carry permits to non-residents with an out-of-state carry permit or license were preempted by state law – a statute granted the Attorney General the sole authority to issue temporary concealed carry permits. (The court noted that under the regulations, recipients of the DNREC/DDA-issued temporary permits were nonetheless still subject to prosecution for carrying a concealed deadly weapon in state park or forest.)    

Delaware, the court concluded, “is an ‘open carry’ state. This right to bear arms includes the right to do so for purposes of hunting, recreation and protection of self and family both inside and outside the home.”  

U.S. Secretary of the Interior Ryan Zinke proclaimed the month of October 2018 as National Hunting and Fishing Month. In solidarity with the Delaware State Sportsmen’s Association and the Bridgeville Rifle and Pistol Club, speak up for your Second Amendment right to carry your firearm on public lands, and promote the ability to hunt on public lands in your state.

A copy of the Delaware decision is available at https://courts.delaware.gov/Opinions/Download.aspx?id=279720

 

 

 

IN THIS ARTICLE
Delaware public lands Legal
TRENDING NOW
California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

News  

Monday, October 6, 2025

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

California officials’ egregious foot-dragging over the issuance of carry permits has finally attracted the ire of the federal Department of Justice (DOJ). 

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

News  

Monday, October 13, 2025

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

Democrat Jay Jones, candidate for Virginia attorney general, still has not suspended his campaign, even as pressure mounts over disclosures that should disqualify, to put it mildly, any individual from serving as the chief law ...

NRA Files Lawsuit Challenging California’s Glock Ban

Monday, October 13, 2025

NRA Files Lawsuit Challenging California’s Glock Ban

Today, the National Rifle Association—along with Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members—filed a lawsuit challenging California’s Glock ban.

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

News  

Monday, October 13, 2025

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

Three years ago, Dr. John Lott of the Crime Prevention Research Center (CPRC), writing for RealClearInvestigations, described how the Federal Bureau of Investigation (FBI) was vastly undercounting, “by an order of more than three the number of instances in ...

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Wednesday, October 8, 2025

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the National Rifle Association announced the filing of a petition for rehearing en banc in Siegel v. Platkin, a challenge to New Jersey’s carry restrictions.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Thursday, October 9, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Today, the National Rifle Association, along with the Second Amendment Foundation, Firearms Policy Coalition, and FPC Action Foundation, filed an amicus brief urging the U.S. Supreme Court to hear a challenge to the federal lifetime prohibition on ...

US Virgin Islands: Sweeping Gun Control Measures Advance

Wednesday, October 8, 2025

US Virgin Islands: Sweeping Gun Control Measures Advance

The 36th Legislature of the US Virgin Islands is continuing to advance sweeping gun control measures through the legislative process.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.