A divided Delaware Supreme Court declareda ban on firearms in state forests and state parks was unconstitutional, citing U.S. Supreme Court decisions and the General Assembly’s stance toward carrying guns for personal protection.
The case was filed by a Bridgeville gun club and the Delaware State Sportsman’s Association. The associations have been supported by the National Rifle Association, which has aggressively supported efforts to overturn gun bans.
In the case of Delaware, guns were banned from parks and state forests except during hunting season.
Justices Karen Valihura, James Vaughn, Jr. and Gary Traynor ruled in favor of overturning the ban with Chief Justice Leo Strine and Collins J. Seitz, Jr. dissenting.
The majority wrote that it was proper for individuals to carry guns on state land for personal protection and rejected the argument that the Second Amendment mainly applies to state militias, rather than individuals. con
The majority did note that the right is not absolute, citing continuing restrictions for those convicted of criminal offenses.
The U.S. House recently passed a bill backed by the NRA that would give all individuals with concealed weapons permits the right to carry guns anywhere in the 50 states, wiping out individual state restrictions.
See Delaware decision below:15-2017