Delaware Keeps Fighting to Ban Guns for Adults Under 21

Summary

Delaware is fighting to keep a federal challenge to its under-21 gun ban, House Bill 451, on hold while state court proceedings continue. The state argues that the Third Circuit's Lara v. Commissioner Pennsylvania State Police ruling, which recognized Second Amendment rights for 18-20 year olds, does not control the federal Birney v. Delaware Department of Safety and Homeland Security case because Lara concerned public carry, while Birney challenges restrictions on purchasing and possessing firearms. However, the Third Circuit's Lara decision, which SCOTUS declined to hear on June 30, 2026, remains binding precedent in the circuit, including Delaware.