The Battle Over Permission to Purchase: As Delaware’s New Law Takes Effect, Courts Grapple with Constitutional Questions

Delaware's controversial handgun permit law went into effect November 16, but the legal fight is just beginning—and parallel battles in Oregon, Illinois, and Colorado suggest years of uncertainty ahead for similar measures nationwide.

Delaware gun owners woke up on November 16 to a harsh new reality: their constitutional right to purchase a handgun now requires government permission, eight hours of mandatory training, fingerprinting, and a month of waiting. Welcome to the new world of “permit-to-purchase” laws—where the Second Amendment comes with terms and conditions.

The law, rammed through by Democrats in 2024, forces law-abiding citizens to jump through expensive hoops just to exercise a fundamental right. Want to buy a handgun for self-defense? That'll be $300 in fees and training costs, plus a day off work. Oh, and you'd better hope the government approves your application within 30 days.

Jennifer Hagan, who owns Best Shot gun store in Lewes, isn't mincing words about the impact: “It's already dramatically impacted my business. My fear is that it's going to have to start laying off some people.” She's watching her customers—honest, hardworking Delawareans—get priced out of their constitutional rights.

A Right Transformed Into a Privilege

Here's what Delaware's new scheme demands from anyone who dares to exercise their Second Amendment rights without already having a concealed carry permit:

• Complete an 8-hour training course (around $125)
• Fire at least 100 rounds (more money for ammo)
• Submit to fingerprinting (more fees)
• Pass a background check (which they already do at point of sale)
• Wait up to 30 days for bureaucratic approval

The Delaware State Sportsmen's Association is fighting back in federal court, but so far, judges have let this constitutional travesty stand. A district court denied their injunction request, and on December 1, the Third Circuit Court of Appeals refused to halt enforcement while the case proceeds.

The real kicker? Delaware's own constitution explicitly protects the right to keep and bear arms “for the defense of self, family, home and State, and for hunting and recreational use.” That language is actually stronger than the Second Amendment itself. Yet here we are, watching the state government turn that right into a permission slip system that would make the Founding Fathers spin in their graves.

Oregon's Three-Year Nightmare Shows What's Coming

If you want to see where this leads, look at Oregon. Voters narrowly approved Measure 114 in November 2022—three years ago—and it STILL hasn't taken effect because the courts can't figure out if it's constitutional.

A Harney County judge ruled it violated Oregon's constitution. A federal judge said it was fine. The state Court of Appeals sided with the feds. The Oregon Supreme Court heard arguments last month. Meanwhile, millions of dollars spent on a permit system sits gathering dust while law-abiding Oregonians remain in legal limbo.

Three. Years. Of. Chaos.

And Oregon lawmakers just punted implementation to March 2026, admitting they have no idea when or if their own law will ever be constitutional.

The Cancer Is Spreading

This isn't just a Delaware or Oregon problem. Illinois has been forcing residents to get FOID cards since 1968, and even that dinosaur of a law was ruled unconstitutional by a circuit court for the third time this February. Colorado just passed a law requiring permits and training to buy certain semi-automatic rifles starting in 2026. Maryland has a similar scheme that's being challenged.

See the pattern? Blue states are racing to erect as many barriers as possible between law-abiding citizens and their constitutional rights, hoping something—anything—will survive court challenges.

Poor People Need Not Apply

Let's be honest about who these laws really hurt. It's not the criminal who's buying his gun from some guy in an alley—he's not taking an eight-hour safety course. It's the single mom in Wilmington who works two jobs and can't afford $300 in fees plus a day off work. It's the elderly retiree on a fixed income who just wants to protect himself. It's the young adult starting out who now faces hundreds of dollars in government-mandated expenses just to exercise a basic right.

As the National Shooting Sports Foundation correctly points out, these are modern poll taxes. We wouldn't tolerate requiring people to take an eight-hour class and pay $300 before they could vote or attend church. Why is the Second Amendment treated as a second-class right?

The Constitutional Reckoning Is Coming

Here's what the gun grabbers don't want to admit: the Supreme Court's 2022 Bruen decision changed everything. It requires gun laws to have historical analogues from the founding era. Good luck finding examples of the Founders requiring government permission slips, mandatory training, and fingerprinting before citizens could own firearms.

Multiple courts are wrestling with this issue right now. California's magazine ban might head to the Supreme Court. Oregon's law is stuck in state court. Delaware's challenge is working through the federal system. Illinois can't even get its 56-year-old law definitively upheld.

Eventually, the Supreme Court will have to settle this once and for all: Can the government transform a constitutional right into a licensed privilege? Can it impose financial barriers that prevent poor people from exercising fundamental rights? Can it make you wait a month for permission to defend yourself and your family?

What You Can Do

If you're in Delaware, support the Delaware State Sportsmen's Association's legal challenge. If you're in Oregon, Colorado, Illinois, or any other state considering these schemes, make your voice heard. Contact your representatives. Join your state's gun rights organizations. Vote.

Most importantly, remember this: The Second Amendment doesn't say “the right of the people to keep and bear arms shall not be infringed, unless they complete a training course and get government permission first.” It says SHALL NOT BE INFRINGED. Period.

Delaware's law may be in effect today, but this fight is far from over. When the government makes you ask permission to exercise a constitutional right, it's not a right anymore—it's a privilege they can revoke. And that's exactly what they want.

The courts will ultimately decide, but one thing is certain: millions of law-abiding Americans aren't going to stand by while their rights get transformed into government-granted privileges. This battle is just beginning.