Where Does It Stop? Delaware’s Expanding Firearm Laws

May 8, 2026

Delaware Senate Republicans

Over the past several years, Delaware has seen a steady stream of firearm-related legislation coming out of the General Assembly. Each bill is often debated on its own terms, but when you step back and look at the full picture, a clear pattern begins to emerge.

It is a pattern that raises serious concerns about both effectiveness and constitutionality.

At its core, the issue is this: rather than focusing on keeping firearms out of the hands of criminals, recent policies have increasingly focused on restricting what law-abiding Delawareans can own, how they can purchase it, and now, potentially, how those firearms are tracked.

We’ve Seen What Works

Not every firearm-related policy has followed this path.

In 2022, the General Assembly unanimously passed HB 423, re-establishing the Firearm Transaction Approval Program (FTAP) and designating the State Bureau of Identification as the point of contact for firearm background checks in Delaware.

This approach strengthened the background check process by allowing state authorities to review additional databases beyond the federal system. It also gave firearms dealers a direct line to report suspected straw purchases.

That is a targeted policy. It focuses on identifying prohibited persons and stopping illegal transactions before they happen.

It is worth noting that members of our caucus, Senators Gerald Hocker and Dave Lawson specifically, had long supported maintaining and strengthening this type of system. They vocally opposed doing away with the FTAP program when Democrat Governor Jack Markell was in office. Both bring real-world experience in the firearms industry, and their perspective has consistently emphasized enforcement and prevention over broad restrictions.

FTAP is an example of what effective, bipartisan public safety policy can look like.

The Shift Toward Broad Restrictions

That same year, however, marked a turning point.

A series of bills were passed that took a very different approach.

HB 450 banned the manufacture, sale, and future purchase of a wide range of semi-automatic firearms, while placing new restrictions on how lawfully owned firearms could be possessed and transported. SB 8 made it unlawful to possess, sell, or transfer certain firearm magazines over a set capacity, with penalties that escalate from civil violations to criminal charges.

These policies did not target individuals committing crimes. Instead, they placed new legal burdens on people who were already following the law.

When Constitutional Concerns Become Reality

Also in 2022, HB 451 was passed restricting the ability of adults under 21 to purchase certain firearms. It also limited adults under the age of 21 from hunting unless someone 21 or older was present.

During debate, some supporters of that bill acknowledged that constitutional questions could ultimately be left for the courts to decide, and that’s exactly what happened.

In 2025, the Kent County Superior Court struck down the hunting age restriction provision as unconstitutional.

This is not a hypothetical concern, rather it’s a clear example of legislation moving forward despite known constitutional issues, only to be overturned after the fact and taxpayers footing the legal bill.

The Real-World Impact on Delaware Businesses

In the years since, the trend has continued.

The permit-to-purchase system enacted under Senate Substitute 1 for Senate Bill 2 added additional steps, delays, and costs to the lawful purchase of firearms, specifically handguns.

The impact on Delaware’s federally licensed firearms dealers has been significant.

Some retailers have reported handgun sales dropping by more than half following implementation. Others have had to reduce employee hours to manage the decline in business. Broader data has shown a sharp drop in overall firearm sales in the state over a short period of time.

These are not large, faceless corporations. These are small businesses in our communities, many of them family-owned, now navigating an increasingly complex and costly regulatory environment.

The Next Step: SB 300

Now, with the introduction of Senate Bill 300, we are seeing the next phase of this approach.

This legislation would impose a new layer of requirements on federally licensed firearms dealers, including:

• State-level licensing and annual renewals

• Additional fees tied to sales volume

• Mandatory surveillance systems and data retention

• Detailed reporting requirements on firearm transactions

Among those requirements is the routine submission of transaction data, including identifying information about purchasers and the firearms themselves into a state-maintained gun registry.

Taken together, these provisions move beyond regulation and toward centralized tracking.

That raises a fundamental question: what is the end goal?

A Pattern That Cannot Be Ignored

When viewed individually, each of these bills may be presented as a discrete policy solution. Taken together though, they tell a different story:

• Certain types of firearms have been banned

• Lawful purchasing has become more difficult and more expensive

• Family operated small businesses are facing increasing regulatory burdens

• And now, proposals are emerging that would require detailed reporting of firearm transactions

That is a progression and it is one that should give every Delawarean pause.

What Comes Next?

If current trends continue, it is reasonable to ask where this leads.

If detailed tracking of firearm transactions becomes the norm, will future policies seek to limit how many firearms a person may purchase or own?

If constitutional protections are seen as obstacles rather than guardrails, will there be efforts to weaken those protections?

It is also worth noting what is at stake legislatively. If the current balance in the House of Representatives shifts by even a single seat towards the Democrats, one party would have the votes necessary to amend the Delaware Constitution without any support from the minority party.

That would mark a significant change in how foundational rights are protected in this state.

Refocusing on What Matters

Public safety is a serious responsibility, and it deserves serious solutions.

We should be focused on:

• Identifying and stopping prohibited persons from obtaining firearms

• Enforcing existing laws against those who misuse them

• Supporting law enforcement efforts to target criminal activity

What we should not be doing is placing increasing burdens on individuals who are already following the law, while expecting those measures to address criminal behavior.

Delaware has already shown that targeted, effective policy is possible and that is the approach we should continue.