Signed into law in 2022, Delaware House Bill 451did not take effect until June 30, 2024. The law, designed to curb gun violence has had unintended consequences, according to Representative Bryan Shupe who posted about the legislation on his Mr. 302 Bryan Shupe page this week. Shupe thanked another publication for highlighting the real impact of the law.
“There is a need to reverse a provision that requires individuals ages 18 to 20 to be supervised by someone who is over 21 in order to hunt,” Shupe posted. “As someone who supports hunting and outdoor traditions, I believe this law goes too far. Hunting is a healthy, productive outlet for many young adults in our community.”
The law, signed by Governor John Carney in June 2022, prohibits someone under the age of 21 from purchasing, owning, possessing or controlling a firearm or ammunition fo a firearm except under limited circumstances. The circumstances include members of the Armed Forces, a qualified law enforcement officer or someone with a license to carry a concealed weapon. The law does not include shotguns or shotgun ammunition, muzzle-loading rifles or weapons other than firearms, such as a crossbow.
“Persons under the age of 21 may possess or control a firearm for the purpose of engaging in lawful hunting, instruction, sporting or recreational activity while under direct supervision of a person 21 years of age or older,” the law reads.
An amendment to the law adds that control of a weapon “by which compressed air or by spring discharges or projects a pellet, slug or bullet by a person who is not a qualified law enforcement officer if the pellet is larger than .177 caliber” is criminalized.
Comments on Shupe’s Facebook post seemed to be overwhelmingly in support of removing the wording from the law.
“At the age of 18, men and women are considered adults as far as all other responsibilities,” Rita French Wells said. “Anyone under the age of 50+/- has had to complete a hunter safety course in order to purchase and qualify for a hunting license. I would trust the majority of young hunters with the ability to hunt and do so safely over the young people in the cities who have never had any official gun safety training.”
John W. Mitchell, Sr., agreed with Wells.
“I’ve taught kids since I was 16 how to hunt and safe use of firearms,” Mitchell said. “Then all four of my children and nephews. We would hunt before and after school. Our guns were in our vehicles at school. Yes, hunting courses were offered at school.”
Michael McKain pointed out that, at 18, young people were given the right to do many things that could lead to poor choices.
“We let them join the military and teach them lethal force,” McKain said. “It’s part of a larger conversation we, as a society, need to have. Brain research indicates that the prefrontal cortex, which deals with judgement and impulsivity, isn’t fully developed until about 25, yet we’ve set 18 as the age to take out massive loans for school, join the military, or even be drafted if the time comes, yet those same 18 year olds cannot buy certain products or engage in certain activities until 21, another arbitrary age.”
There are those who believe the law will reduce gun violence, however. The Coalition for a Safer Delaware argues that young people aged 18 to 21 can be impulsive and reckless due to their developing brains which means they should not have access to firearms unless supervised. According to Tracy Manza Murphy, quoted by Shupe, giving young people access to lethal means could lead to worse outcomes as “they are unable to regulate.”
Kristi Gray posted on social media that, although she still felt the law was overreach, it was not as restrictive as she originally thought.
“Age 18–21-year-olds can still bow/shotgun/muzzleloader hunt without direct 21 year old supervision, so realistically it does not apply to that many people. All the .350 hunters are about the only ones affected,” she posted. “Our kids do hunt, so I get it. You have to be 21 now to buy or own a handgun, so that’s not even an issue and we can’t really rifle hunt anything in Delaware. My point is it’s not really as bad as people are making it out to be. When I first read it, I thought 18–21-year old’s were not even able to hunt with a shotgun by themselves.”
Gray continued.
“This is a stupid law, overreach at its finest, I agree,” she said. “It should be left to parents to assess the competency and safety of their children, not some blanket law in a DNREC book.”
In Delaware, all hunters are required to purchase a valid hunting license. Anyone born after January 1, 1967, is required to complete a hunter education course before purchasing the license and must provide proof of completion when applying. A Hunter Safety Number will be required and it could take up to five days to verify the completion of the course. More information on hunting licenses and safety can be found on the DNREC website.
