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 State Police are investigating a single-vehicle fatal crash that occurred yesterday in Delmar.

On November 13, 2025, at approximately 5:12 p.m., a GMC Sierra was traveling northbound on Sussex Highway approaching West Snake Road. For reasons still under investigation, the GMC left the west side of the roadway, crossed the median and entered the southbound lanes of travel. The GMC then exited the west side of the road and struck a tree.

The driver, a 30-year-old man from Georgetown, Delaware, was pronounced dead at the scene. His name is being withheld until his family is notified.

Sussex Highway was closed for approximately 4 hours while the scene was investigated and cleared.

The Delaware State Police Troop 7 Collision Reconstruction Unit continues to investigate this crash. Troopers ask anyone who witnessed the crash or has relevant information to contact Sergeant A. Mitchell at (302) 703-3269. Information may also be provided by sending a private Facebook message to the Delaware State Police or contacting Delaware Crime Stoppers at 1-800-847-3333.

If you or someone you know is a victim or witness of a crime or have lost a loved one to a sudden death and need assistance, the Delaware State Police Victim Services Unit / Delaware Victim Center is available to offer you support and resources 24 hours a day through a toll-free hotline at 1-800-VICTIM-1 (1-800-842-8461). You may also email the Victim Services Unit at DSP_VictimServicesMail@delaware.gov.

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• The ACLU of Delaware is asking Gov. Matt Meyer for clearer rules on when local police can assist U.S. Immigration and Customs Enforcement.
• The request follows an incident where Delaware State and Seaford police helped ICE detain a man in Seaford.
• It remains unclear if ICE had a judicial warrant for the arrest.

The American Civil Liberties Union of Delaware is calling on Gov. Matt Meyer to issue more guidance on when state and local law enforcement can assist U.S. Immigration and Customs Enforcement after Delaware State and Seaford police did just that.

The two agencies responded to ICE’s request for assistance in detaining Carlos Chag-Gonzalez outside the Seaford Lowe’s the morning of Nov. 6, according to an ACLU DE news release.

“It is still unclear whether ICE possessed a valid judicial warrant for Chag-Gonzalez, nor is it known if state and local law enforcement requested to see a warrant,” the Nov. 13 release said. ICE, Delaware State Police and the Seaford Police Department did not immediately respond when asked if they had or saw a warrant.

ACLU DE Campaign Manager Helen Salita signed the letter to Meyer. Without evidence of a warrant and purported witness statements that indicate there was no public safety emergency, the letter said, the incident raises concerns about whether police violated previous ICE guidance from the governor’s office.

The letter asks Meyer’s office to detail their next steps in creating new guidance by Nov. 20.

Previous guidance

The letter pointed out Meyer’s office has made previous efforts in response “to public outcry to not support the federal administration’s immigration enforcement program.”

Earlier this year, Misty Seemans, a deputy legal counsel with the governor’s office, told Spotlight Delaware’s José Ignacio Castañeda Perez state law enforcement resources would not be used “to effectuate federal administration policies” unless there is a valid court warrant and “an exigent circumstance where the community is at risk.”

And after Camden police entered into an agreement with ICE in April, which they later withdrew, Delaware enacted a law prohibiting agreements between law enforcement and ICE.

Most recently, the Wilmington City Council passed a unanimous resolution “opposing collaboration between the city and ICE,” the letter pointed out.