Chancery Court dismisses lawsuit against age-restriction gun bill

A Chancery Court vice chancellor has thrown out a lawsuit that had sought an injunction against a Delaware law restricting certain gun purchases for those under 21.

The Delaware State Sportsmen’s Association, the Bridgeville Rifle & Pistol Club, and one individual filed suit against the state after the General Assembly passed a law that restricts the age to buy firearms or ammunition, except for shotguns or muzzle-loading rifles. Plaintiffs had sought declaratory and injunctive relief from Chancery Court against the law.

In his opinion, Vice Chancellor Sam Glasscock III states that plaintiffs can transfer their lawsuit to another court, but he dismissed it in Chancery Court because the court has limited jurisdiction.

“Where, as here, all that is sought at law is a legal declaration that an unconstitutional law is unenforceable, and all that is sought in equity is a permanent injunction based on a final adjudication of the former, the request for injunctive relief is an insufficient tool to prize the door of chancery,” Glasscock wrote.

Glasscock also questioned the plaintiffs’ assertion that the state would ignore a declaratory judgment of the Superior Court, and its affirmation if the case were to be appealed to Delaware Supreme Court.

“Also absurd is the corollary conclusion – that state agencies, so unbridled and corrupt as to enforce unconstitutional laws in the face of such a finding by a court of law, would nonetheless be compliant with an order of this court,” Glasscock wrote.