Victory in Delaware

 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. ...

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

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.