Attempt to halt Delaware’s new ‘permit to purchase’ gun law denied by federal judge

A federal judge rejected a motion asking for an injunction to halt Delaware’s new “purchase to permit” gun law, which is set to be implemented in two days.

“The motion for expedited injunction relief is denied,” U.S. District Judge Maryellen Noreika said in her order.

Seven plaintiffs concerned with the state’s “permit to purchase” law asked for a temporary restraining order in federal court on Nov. 3 seeking to stop the gun legislation before its implementation Nov. 16. The law mandates that people receive a permit and complete gun safety training before purchasing a handgun in Delaware.

Delaware Attorney General Kathy Jennings said she was grateful for her team, including attorneys with Freshfields, who argued this case.

“This is not just a win for the State – it’s a win for everyone who has been impacted by gun homicide, gun suicide, or gun trafficking,” Jennings said in a statement on Nov. 14. “Tonight in this country the leading cause of death for children and teens will be guns; permit to purchase is the gold standard for evidence-based policies to change that. It’s too soon to declare mission accomplished – but this is a good night for common sense gun safety policy.”

Jennings blasted the gun lobby Nov. 7 for misleading and inaccurate claims made in its filings and for attempting to circumvent a pending motion to dismiss and a court order in a substantively identical case.

The plaintiffs are expected to file an appeal.

During a nearly 75-minute-long hearing before Noreika on Nov. 13, plaintiffs argued the law would leave applicants with little recourse if the state does not respond to them within 30 days.