A case in which I participated. Birney v. Delaware Department of Homeland Security (Del.Sup. 2025). I do not immediately have a link. This is a very involved, even convoluted decision primarily decided on the Delaware Const. RKBA provision.
Defendants draw a distinction between the ban effectuated by HB 451 and the
one struck down in Heller, by asserting some difference between banning handguns
for everyone and banning handguns only for a “class of people.”199 Defendants posit
18-to-20-year-olds are “not included in persons protected under Article I, Section 20
of the Delaware Constitution.”200 Defendants, in stating, “18-to 20-year-olds [sic]
are not part of ‘the people’ in the Second Amendment or ‘a person’ in the Delaware
Constitution,” appear to advance the idea that 18-to-20-year-olds are not entitled to
constitutional protections.201 This argument fails because Defendants apply
historical practices of exclusion from rights rather than a modern view of who
qualifies as a “person....
Defendants next posit that HB 451 does not burden the fundamental right to
bear arms more than reasonably necessary because it “does not prohibit those under
the age of 21 years from using a firearm for recreation, like hunting or a sporting
activity under the supervision of someone 21 years or older.”214 Section 20 explicitly
protects the right to “keep and bear arms” for hunting and recreational use. ...
It looks to me as though Delaware shot their own argument to death. The ban on possession of firearms by 18-21-year-olds is dead.Defendants assert that HB 451 permits 18-to-20-year-olds “to possession [sic]
shotguns without qualifications.”219 Defendants argue this caveat contributes to HB
451 not burdening Section 20 “more than is reasonably necessary.”220 Curiously,
Defendants make this assertion immediately after discussing how the handgun ban
in Heller qualified as “a complete prohibition.”221
Heller explained that handguns are “overwhelmingly chosen by American
Society” for self-defense.222 The challenged law in Heller permitted the possession
of other firearms.223
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