Delaware Online: Court Upholds Gun Ban in Delaware State Parks
“As for plaintiffs’ concerns for self-defense, the Court observes the need to respond to a threat with a firearm is diminished when firearms are prohibited in the area,” Graves said in the ruling.
Via Delaware Online:
A Delaware Superior Court judge upheld a ban on carrying firearms in state parks and forests for purposes other than hunting.
The challenge to the rule was brought by multiple plaintiffs, including the Bridgeville Rifle and Pistol Club – a 1,200 member organization in southern Delaware. In a civil complaint, they argued the administrative codes are “inconsistent with and pre-empted by” both state law and the state constitution.
The rifle club noted its members often like to camp at Trap Pond State Park or rent a cottage at Seashore State Park during nearby shooting competitions yet they are unable to do so because of the ban. Plaintiffs also argued a need exists to carry firearms for protection.
“A deprivation of constitutional rights can constitute irreparable harm,” the civil complaint stated.
Superior Court Judge T. Henley Graves said in his Dec. 23 ruling the regulations do not run “afoul” of the Delaware Constitution, nor did they contradict state law passed by the General Assembly.
“As for plaintiffs’ concerns for self-defense, the Court observes the need to respond to a threat with a firearm is diminished when firearms are prohibited in the area,” Graves said in the ruling.
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