Delaware
Judge lets Delaware’s law requiring a permit to buy handgun begin Sunday
Lawyers for state and gun rights advocates spar during hearing
Beyond the gun advocates’ objections that the law violates the “right to bear arms” guaranteed in the Second Amendment of the U.S. Constitution, they argued during Thursday’s 75-minute hearing that Delaware officials botched the rollout of the permitting process.
State police, who oversee the State Bureau of Identification, did not have an application available until Oct. 28, 19 days before prospective buyers would be required to present a laminated permit similar to a driver’s license to make a purchase.
Since state officials have 30 days to decide on a permit, the gun rights lobby argued in court filings and before Noreika that the delays in opening the application portal could create an unconstitutional de facto ban on purchasing a handgun starting Sunday.
They also asserted that SBI’s requirements should have gone through the state’s copious process to create regulations, which often takes several months and gives residents time to offer comments on proposed rules.
“The government, the state, is treating this natural right [to buy handguns] like it were a government gift, like food stamps,’’ Pileggi said during the hearing. “Due to their lack of planning, they waited until the last minute” to open an application process filled with obstacles for would-be handgun buyers.
“Now they say because a few permits have been issued, [his clients] should be happy and go home,” he added.
Lawyers for the state countered that more than 200 permits have already been issued, though they acknowledged that all but three were approved for law enforcement officers and others exempted from taking the training course or firing live rounds at a shooting range. The state also argued that while regulations can be put in place to implement a law, they are not required.
Noreika, however, said during the hearing that it appeared to her that state police added requirements that were not in the law and normally would require official regulations.
She noted a couple provisions cited by Pileggi that are on the state’s website as “firearms training course guidelines.” Those rules say SBI must approve training courses and instructors. The law does not require such approvals.
Noreika also personalized her inquiry. She speculated that if she had taken a FBI firearms course three years ago, she might think it wasn’t valid since the FBI is not on the state website’s list of approved instructors.
While state attorney Austin Evers said SBI would merely check that the FBI course meets the requirements outlined in the law, Noreika countered that she would have no way of knowing that if she wanted to get a permit, and might think she needed to take a new course, which could take weeks to schedule and complete.
Evers said the state would remove those provisions to clear up any confusion among permit seekers and to remain within the bounds of the law so no official regulations would need to be proposed, reviewed and approved — a process that takes several months.
The state’s lawyer also told the judge that the law and how it’s being implemented is the opposite of a ban and will result in fewer handgun deaths.
“This statute has two core principles: a scheme to allow people to buy and and sell handguns — not a total ban — to address real threats to public safety,’’ Evers said.
Jennings, who attended Thursday’s hearing, said afterward that regardless of what Noreika decided on the injunction issue, she believes the law that was passed in 2024 after a five-year legislative effort will ultimately be upheld.
Jennings said afterward that she didn’t think Noreika would issue an injunction because the judge would first need to determine that the lawsuit had a “likelihood of success on the merits.’’
She said similar permit bills have been upheld in other states — such as in neighboring Maryland — and that in Delaware, “we firmly believe that this law is constitutional and passes muster.”
Delaware
Delaware Supreme Court upholds reforms to curb ‘DExit’ concerns
This story was produced by Spotlight Delaware as part of a partnership with Delaware Online/The News Journal. For more about Spotlight Delaware, visit www.spotlightdelaware.org.
A Delaware law passed last year in the wake of escalating assaults on the state’s corporate brand shielded powerful company leaders from facing certain lawsuits brought by smaller investors.
What it didn’t do was violate the Delaware Constitution, the state Supreme Court ruled on Friday, Feb. 27.
More than three months after hearing arguments, the justices ruled that the corporate law reform – known as Senate Bill 21 – did not strip Delaware’s prominent Court of Chancery of its constitutional authority to decide when a business deal is fair.
“The General Assembly’s enactment of SB 21 falls within the ‘broad and ample sweep’ of its legislative power,” the justices stated.
The ruling ends a bruising fight in Delaware over when the state’s business court should allow small-time investors to interrogate insider deals struck within companies by founders or other business leaders.
The ruling also averts what could have been an embarrassment for the state’s legal and political establishment had the high court overturned the law.
More than a year ago, Tesla CEO Elon Musk — the world’s richest person — was calling on business leaders to move their companies’ legal homes out of Delaware. Musk had launched the campaign, which became known as “DExit,” after a Delaware Chancery Court judge ruled that he could not accept a multibillion-dollar pay package from Tesla.
Just as the campaign appeared to be gaining a foothold, Gov. Matt Meyer, legislative leaders, and Delaware attorneys who represent corporations threw their collective heft behind SB 21.
They argued then that the legislation amounted to a “course correction” that would bring the state’s business courts back into alignment with rulings from a decade ago. Many also said the bill was needed to pacify executives who were considering following Musk’s calls to move their companies’ legal homes out of Delaware.
In response, a cadre of critics — which included national law professors, pension fund attorneys, and a handful of progressives within the Delaware legislature — derided SB 21 as a “billionaires bill.”
Some also argued that the legislation was the latest in a string of recent changes to Delaware corporate law that have shifted the state away from protecting shareholder rights and toward giving greater deference to powerful executives.
Meyer and others SB 21 supporters rejected those characterizations last year. And on Friday, he celebrated the Supreme Court’s ruling.
In a statement, he said the decision affirms that “Delaware is the gold standard locale for global companies to do business.” He also stated that the number of companies that maintain their legal home in Delaware had increased throughout 2025 despite the DExit campaign.
“In short, SB 21 is working, and I’m glad it will continue to be the law,” Meyer said.
The legal arguments for SB 21
When arguing against SB 21 in front of the Supreme Court last fall, one attorney asserted that the new law removed the Chancery Court’s time-honored and constitutional duty to say what is fair – or equitable – in a business dispute.
The attorney, Gregory Varallo, argued that by removing a shareholders’ ability to sue their company, the law reduced what he described as the immutable power of the Court of Chancery to oversee a “complete system of equity.”
During his arguments, Varallo also offered the justices an unusual acknowledgement, stating that he knew that his stance was unpopular — and that he understood “well the pressures on this court.”
The comments were a likely reference to the consensus of big business groups and the state’s political establishment that believed SB 21 was necessary for Delaware to remain the world’s preeminent corporate domicile.
Following Varallo, Washington, D.C.-based attorney Jonathan C. Bond defended SB 21, in part, by characterizing his opponents arguments as unprecedented. If adopted, he said they would imperil several existing Delaware laws that go back decades.
He also argued that changing the rules of corporate law – as SB 21 did – “is the same as wiping out jurisdiction merely because it makes some plaintiff’s claims harder.”
Also arguing in favor of SB 21 during the hearing was William Savitt, an attorney with the Wachtell, Lipton, Rosen & Katz – among the most prominent corporate law firms in the country.
Last spring, Meyer hired Savitt’s firm to represent the state in the legal defense of SB 21 for a budget rate of $100,000. By comparison, Wachtell Lipton charged Twitter $90 million in 2022 to ferry that company through its arduous, four-month-long acquisition by Elon Musk.
Wachtell’s client list also includes Mark Zuckerberg and other Meta executives and board members, who last summer settled a seven-year-long, multibillion-dollar shareholder lawsuit in the Delaware Chancery Court.
During his arguments on SB 21, Savitt said equity as determined by judges must follow the statutes created by the legislature, and “not displace the law.”
“No natural reading of the words (of the Delaware Constitution) support plaintiff’s position,” he said.
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Delaware
Police identify victim of Wilmington motorcycle crash
What to do if you come across a serious car accident
Here is some information about what to do if you come across a serious car accident.
State police identified 29-year-old Brian Silva of New Castle as the victim of a fatal motorcycle crash in Wilmington.
Silva was riding a Harley-Davidson northbound on Dupont Highway approaching Millside Drive in Wilmington around 3:30 p.m. on Feb. 27 when it collided with the rear of a stopped Lexus at that intersection, police said. Silva was ejected from the motorcycle. He was taken to the hospital, where he died.
Delaware State Police are still investigating this incident, and anyone with information is encouraged to reach out to them or to Delaware Crime Stoppers.
Delaware
When will Delaware warm up? After snow, ice Tuesday, temps will rise
Ever seen a spring peeper peep?
A spring peeper singing in the Millsboro area.
Meteorological winter has ended and we’ve entered spring.
However, there’s still a last winter blast hitting Delaware early this week before a spring warm up hits at the end of the week.
Here’s a look at the Delaware forecast.
Will Delaware see more snow?
After a brisk Monday, March 2 with sunny skies and highs only reaching 35 degrees, there’s a chance of snow after 1 a.m. Tuesday, March 3 with freezing rain after 4 a.m. in New Castle County. Snow and freezing rain are expected before noon Tuesday, March 3. The county may receive less than a half inch of accumulation.
In Kent County and Sussex County, there’s a chance of snow and freezing rain after 1 a.m. Tuesday, March 3.
When will it warm up in Delaware?
It will start feeling like spring as warmer air moves into the First State on Tuesday evening, March 3, but wet weather is coming as well.
Rain is predicted from Tuesday, March 3 through Friday, March 5, but spring-like temperatures will make it bearable. In New Castle County temperatures will range from the mid-50s on Wednesday, March 3 to the 60s on Thursday, March 4 and Friday, March 5. Kent County should see temperatures in the 60s and Sussex County will see 70s during the mid- to later part of the week
What’s the weekend forecast?
Remember when you were daydreaming about warm weather during the polar vortex or blizzard? Well, it is coming next weekend.
The forecast is calling for sunny to partly sunny skies throughout Delaware on Saturday, March 7 and Sunday, March 8. Highs will reach the upper 60s in the north to the low 70s in the south.
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