Gun groups, dealer and residents ask judge to pause Delaware handgun permit law in court on 11/6

In a complaint and motion for expedited injunctive relief filed Nov. 3 in U.S. District Court, the plaintiffs seek to halt enforcement of Senate Substitute 1 for Senate Bill 2 until the state demonstrates it can accept applications, process them within the statute’s 30-day window and issue permits.

Plaintiffs say the State’s unfinished permit process would amount to a de facto ban on new gun ownership.

WILMINGTON, Del. — A group of Delaware residents, two gun-rights organizations, and a firearms dealer have asked a federal judge to temporarily block Delaware’s new handgun permit-to-purchase law before it takes effect Nov. 16, arguing the state is not prepared to issue permits and that enforcing the law now would amount to a de facto ban on handgun sales.

Lawsuit targets rollout, not the concept of permits

In a complaint and motion for expedited injunctive relief filed Nov. 3 in U.S. District Court, the plaintiffs seek to halt enforcement of Senate Substitute 1 for Senate Bill 2 until the state demonstrates it can accept applications, process them within the statute’s 30-day window and issue permits. The case names as defendants Joshua Bushweller, secretary of the Department of Safety and Homeland Security, and Col. William Crotty, superintendent of the Delaware State Police, in their official roles.

Plaintiffs include attorneys Thomas S. Neuberger and Jerry L. Martin; William R. Hague Jr.; Bruce C. Smith; Bridgeville Kenpo Karate, Inc., doing business as BKK Firearms; the Delaware State Sportsmen’s Association; and the Bridgeville Rifle & Pistol Club.

What the law requires

The 2024 law requires most buyers to obtain a “handgun qualified purchaser permit” before purchasing a handgun. To get a permit, applicants must submit fingerprints, undergo state and federal background checks, and complete a state-approved safety course that includes live-fire training with at least 100 rounds.

State says the system is live

State officials say the core application system is operating. As of Oct. 28, 2025, the Delaware State Police, through the State Bureau of Identification, launched the Permit to Purchase Application Portal, which is live and accepting applications. According to the state, applicants can review requirements, schedule fingerprinting, upload training certificates and identification, and submit applications online through the state police website.

Plaintiffs say the infrastructure still isn’t ready

The suit argues that key elements remain incomplete and that, in practice, buyers cannot reliably obtain permits before enforcement begins. The filing cites gaps in training-instructor approvals and questions whether the state can meet the 30-day issuance timeline. It also points to what plaintiffs describe as internal contradictions in the statute and rules that, they say, invite uneven enforcement.

Jeff Hague, president of the Delaware State Sportsmen’s Association, disputed the state’s readiness, saying the online portal does not resolve deeper problems. “The infrastructure to properly implement the process [isn’t there]. Plus the law has contradictions in it,” Hague said. He added that the background-check system needed to run the law — the Firearm Transaction Approval Program (FTAP), passed in 2022 — “has not been implemented” and is “almost three years behind schedule.” Hague also said “the state is haphazardly putting procedures in place” and has “violated the Administrative Procedures Act by requiring instructors to be certified by the state.”

Attorney General defends the policy

Attorney General Kathleen Jennings has strongly backed the law as a moderate, constitutional measure intended to reduce gun violence. “This bill is being done for one reason and one reason only — to save lives,” she said during the 2024 debate, later calling it “a fundamentally moderate, and clearly constitutional proposal.” Jennings has emphasized fingerprinting, background checks and live-fire training as reasonable steps and has pointed to research and polling she says support permit-to-purchase systems.

Claims and requested relief

Plaintiffs say the state’s unfinished permit process would amount to a de facto banThey also raise due-process and search-and-seizure concerns, including a section allowing police to “take action” to remove a handgun if a permit is revoked.

The lawsuit asks the court to pause enforcement until the state files sworn statements that all systems, personnel and procedures are in place, allows a reasonable window for applicants to complete training and other steps, and shows that at least one permit has been issued.

What’s next

A hearing date was not listed in the filing. State officials were not quoted in the plaintiffs’ papers. The request focuses on timing, asking the judge to delay enforcement only until the permit process is fully operational.

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