Delaware's permit-to-purchase requirement challenged

Neuberger v. Delaware Department of Safety and Homeland Security ... 6-24-2.pdf
Plaintiffs respectfully pray for the following relief:
(a) A judgment that SS 1 for SB 2 and all related regulations, policies,
and/or customs designed to enforce or implement the same, are a violation of
Plaintiffs’ fundamental right to keep and bear arms, including purchasing handguns
for any lawful purpose without a state issued permit or license, as guaranteed under
the Second and Fourteenth Amendments, as well as a violation of their rights under
the Fourth Amendment to the United States Constitution, and Article I, § 20 of the
Delaware Constitution. Declaratory judgment is proper in this matter, pursuant to 10
Del. C. § 6501 as there is a real controversy between the parties, an interest is
adversely affected, and the issue is ripe for resolution;
(f) Except as otherwise provided under this chapter, the Director may not issue a handgun qualified purchaser
permit to any of the following:
(4) A person who, in the 5 years before the date of application, has not completed a firearms training course
that is sponsored by a federal, state, county, or municipal law-enforcement agency; a college; a nationally recognized
organization that customarily offers firearms training; or a firearms training school with instructors certified by a
nationally recognized organization that customarily offers firearms training. The firearms training course must consist
of at least all of the following:
f. Live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100
rounds of ammunition.

Re: Delaware's permit-to-purchase requirement challenged

From USA Carry, requirements for a concealed carry license in Delaware. I expect the license process will be the next court challenge.
1. Arrange with a newspaper of general circulation in your County to have your application published once, at least (10) days before the filing of your application with the Court. Obtain an affidavit from the newspaper company stating that this requirement has been met, and attach it to your application. PLEASE NOTE: Newspaper of selection must have a circulation of at least 35% of the population in your zip code. Be sure to use your whole name – no initials – and your home address.
2. Arrange to be fingerprinted. Fingerprinting by Appointment Only Appointments are ONLY Tuesday & Thursday noon to 6:30 p.m. You will be given the address of the Delaware State Police Troop to report to at the time you are given an appointment. For an appointment call: (302) 739-2528 or 1-800-464-4357 Payment by certified check, money order, business check, or credit card for exact amount only. No cash or personal checks accepted and picture ID required. Fingerprints must be taken within 30 days of filing application.
3. Have the reference questionnaires completed by five (5) citizens from the County in which you reside. [Delaware has only 3 counties.]
4. Complete the attached questionnaire and have it notarized. (The Prothonotary Office [chief court clerk] will notarize a document for a $1.00 fee)
5. Include two (2) 2 x 2 color passport-style photographs of the applicant, taken within the six-month period immediately preceding the filing of the application.
6. Include the statutory filing fee of $34.50. Cash, money order or personal check, made payable to the “PROTHONOTARY” will be accepted. (Credit cards are accepted in Kent County ONLY)
7. New applications may be filed at any time. You must file the original set and a complete copy of all the documents. (DUPLICATE COPY) You may hand deliver your application to the Prothonotary’s Office or, if all the requirements are met, mail to the Prothonotary Office in the County in which you are applying:
Following review of your application by the Attorney General’s Office and the Court, you will receive written notification as to whether your application has been denied or approved. If your application is approved, you must now complete an Approved Gun Course. For exact details of what the course must include see 11 Del. C. § 1441. Upon completion of the course please submit your Certificate – certified by the Instructor and notarized to the Court. Your new CCDW permit will be issued following receipt verification of the gun course.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Who is online

Users browsing this forum: No registered users and 0 guests