BREAKING NEWS: BIG, SURPRISING 2A VICTORY IN DEEP BLUE STATE

Published on September 1, 2025
Duration: 18:12

This video discusses a significant legal victory in Delaware where a judge ruled that 18, 19, and 20-year-old adults are entitled to full Second Amendment rights under the Delaware Constitution. The ruling struck down a state law prohibiting handgun possession and purchase for this age group, emphasizing that fundamental rights should not be arbitrarily restricted based on age without individual adjudication. The analysis highlights the strength of Delaware's state constitutional provision for gun rights and critiques the use of intermediate scrutiny and interest balancing in Second Amendment cases.

Quick Summary

A Delaware judge ruled that 18, 19, and 20-year-old adults are entitled to full Second Amendment rights under the Delaware Constitution. This decision struck down a state law prohibiting these young adults from possessing and purchasing handguns, emphasizing that fundamental rights should not be arbitrarily restricted based on age without individual adjudication.

Chapters

  1. 00:00Breaking News: Delaware 2A Victory
  2. 00:26Introduction: Mark Smith, The Four Boxes Diner
  3. 00:38The Ruling: Judge Greenstreet's Decision
  4. 00:59Basis of the Decision: Delaware Constitution
  5. 01:23Case Details: Bernie v. Delaware
  6. 02:27Need for Youth Gun Rights
  7. 03:27Delaware's 1987 Gun Rights Provision
  8. 04:01Challenging the Statute: Article 1 Section 20
  9. 04:37Delaware's Constitutional Right to Bear Arms
  10. 05:02Comparison to Federal Second Amendment
  11. 05:25History of Delaware's Gun Rights
  12. 06:54Judge's Reasoning on Youth Rights
  13. 07:08No Other Right Denied Until 18
  14. 07:20Gun Purchase vs. Alcohol/Tobacco
  15. 08:02Exclusion of Groups from Firearm Possession
  16. 08:59Court's Statement on Prohibited Persons
  17. 09:47Brain Development Argument Rejected
  18. 10:29Delaware Supreme Court Precedent
  19. 10:47Interest Balancing and Tiers of Scrutiny
  20. 11:37Intermediate Scrutiny Explained
  21. 12:23Critique of Interest Balancing
  22. 13:12Government's Compelling Interest
  23. 14:14Federal Court Approach (Heller to Bruen)
  24. 15:00The 'Dirty Little Game' of Interest Balancing
  25. 16:47Importance of Destroying Interest Balancing
  26. 17:13Judge's Balancing Conclusion
  27. 17:33Conclusion: A Big Win in Delaware
  28. 17:52Follow and Subscribe

Frequently Asked Questions

What was the major Second Amendment victory in Delaware?

A Delaware judge ruled that 18, 19, and 20-year-old adults are entitled to full Second Amendment rights under the Delaware Constitution. This decision struck down a state law that prohibited these young adults from possessing and purchasing handguns.

What is Article 1, Section 20 of the Delaware Constitution?

Article 1, Section 20 of the Delaware Constitution, codified in 1987, protects the right to keep and bear arms for the defense of self, family, home, and state, and for hunting and recreational use. It is considered an independent source of individual rights.

Why did the court strike down the handgun ban for 18-20 year olds in Delaware?

The court found the ban unconstitutional because it prohibited a fundamental right for a specific age group without individual adjudication, unlike other prohibited categories which require a finding of wrongdoing. The court also rejected the argument that developing brains justified disarming this age group.

What is the significance of the Bernie v. Delaware ruling?

The Bernie v. Delaware ruling is significant because it affirms that 18-20 year olds possess full Second Amendment rights under state law, challenging age-based restrictions on firearm possession. It also highlights the strength of state constitutional protections for gun rights.

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