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Why Delaware lawmakers failed to vote on ‘permit to purchase’ in first weeks of session

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Why Delaware lawmakers failed to vote on ‘permit to purchase’ in first weeks of session


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  • Despite promises by legislative leaders to get ‘permit to purchase’ passed in January, the bill never made it on the House agenda.
  • House Democrats plan to bring the bill to a vote when lawmakers return to session in March.
  • The bill is estimated to cost $2.6 million to implement in the first year, funding that has already been committed in Gov. John Carney’s Fiscal Year 2025 budget proposal.
  • The legislation builds on recently passed gun safety reforms in 2022 and 2023.

Despite Delaware House leadership’s pledge to pass gun safety legislation upon lawmakers’ return to Dover in January, a bill to require training and a permit prior to purchase of a handgun hasn’t made it to a vote.

House Democrats in December announced the Appropriations Committee had approved the bill and House Speaker Valerie Longhurst in a Dec. 14 news release reiterated her commitment to getting the legislation passed when the full House reconvened in January. 

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“For the past decade, we have passed some of the most comprehensive gun safety laws in the country, making Delaware a leader by strengthening our background checks, closing loopholes, banning assault-style firearms and large-capacity magazines, and instituting red flag laws,” Longhurst said in the December news release. “This bill is the next piece of the puzzle to keeping our communities safe and I’m looking forward to bringing permit to purchase to the House floor as soon as we return to session in January.” 

But the bill never made it on the House agenda, and now the General Assembly breaks for the next few weeks while legislative leaders host budget discussions in the Joint Finance Committee.

Typically, the first weeks of the legislative session include at least one major bill’s passage – and political insiders had anticipated the “permit to purchase” bill would be that major piece. 

The bill would require people to undergo a gun safety training course and apply for a permit to qualify for purchase. It would also create a voucher program for low-income residents to cover the costs of the training course. 

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It comes with a $7.8 million annual price tag, according to the fiscal note on the proposal, which necessitated the bill going through the House Appropriations Committee prior to passage on the floor. 

Delawareans debate if residents need to receive training before buying a handgun

Attorney General Kathy Jennings urged lawmakers to get the bill passed as soon as possible.

“Permit to purchase is the most proven gun safety policy in the nation. States with permit to purchase have 25% lower gun homicide rates and 50% lower gun suicide rates than those without, and reduce gun trafficking by as much as 75%,” Jennings said. “We have commitments from Senate and House leadership to pass this legislation – and, as of this week, the legislation is funded in the governor’s recommended budget. This bill will save lives. We have to get it done.”

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When will vote on ‘permit to purchase’ take place?

House Democratic spokesperson Jenevieve Worley said legislative leaders plan to run the bill in March when lawmakers return for session. 

She said recent inclement weather and uncertainty around Gov. John Carney’s rescheduling of the State of the State address forced the House to remain flexible and keep schedules open. 

Worley stressed the bill is something that will draw a lot of attention, and legislators will want to take their time to get the legislation done right. 

LEGISLATIVE PRIORITIES 2024: Delaware lawmakers are headed back to Dover. Here’s what they’re focusing on

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Carney’s Fiscal Year 2025 budget proposal also includes nearly $3 million, which covers the estimated $2.7 million costs for implementing “permit to purchase” in the first year. 

Those annual costs increase to $7.8 million by the second year and continue annually thereafter, according to the fiscal note. 

State leaders publicly support bill’s passage

Senate Democrats lauded their efforts on gun safety reforms at the end of last year’s legislative session, underscoring lawmakers commitment to passing “permit to purchase” at the beginning of session in 2024.

In recent years, Delaware lawmakers have passed some gun reform bills, including raising the age for purchase of guns to 21, banning the sale of assault weapons, strengthening background checks and limiting high-capacity magazines, among others.

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Senate lawmakers in June emphasized their commitment to gun safety reform at the end of the first year of the 152nd General Assembly, after a law that makes possession of a firearm in a safe school and recreation zone a felony. 

Under previous state law, a person could only be charged with violating the safe school and recreation zone firearm prohibition once they commit an offense. 

2022 GUN SAFETY: Delaware General Assembly passes more pieces of gun reform legislation

The legislation empowers law enforcement to act immediately when they see or suspect a person is carrying a firearm in a safe school zone, which includes any building, athletic field, sports stadium or real property owned by a K-12 public school, according to the bill.

Another bill approved by the General Assembly last year bars all firearms at active polling places unless carried by a law enforcement officer, security guard, constable or active-duty members of the military acting in their official capacity. 

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And a House bill that imposes criminal charges on gun owners who leave firearms unattended and unsecured in their cars, was approved by the Senate, but was amended and sent back to the House for final consideration. It was not added to the House agenda in January.

Got a tip? Contact Amanda Fries at afries@delawareonline.com, or call or text her at 302-598-5507. Follow her on X at @mandy_fries.



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Delaware

50 boys outdoor track and field athletes to watch in Delaware in 2026

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50 boys outdoor track and field athletes to watch in Delaware in 2026


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Since the start of 2025, Delaware boys track and field athletes have set 11 state records between the indoor and outdoor seasons.

After a winter season in which 17 performances reached the top five on the state all-time list, Delaware appears poised for another strong spring.

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Our list of track and field athletes to watch (presented alphabetically) features athletes from 24 schools who compete in sprints, distance races, throws and jumps. They are the athletes we expect to be among the state’s leaders at the DIAA Championships at Dover High on May 15-16 although many new names could emerge by then.

After defending its indoor track and field state title, Middletown is in search of its second straight Division I championship. Saint Mark’s enters the season as the Division II winner in three of the past four seasons.

2026 Delaware boys track and field athletes to watch

Elijah Annan, sr., Dover

Jason Baker, sr., Cape Henlopen

Derick Belle, sr., Odessa

Suhayl Benson, jr., Howard

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Shaun Bosman, sr., Christiana

Elijah Burke, sr., Saint Mark’s

Khalid Burton, sr., Laurel

Isaiah Charles, jr., Caravel

Chukwuma Chukwuocha, jr., Wilmington Friends

Timothy Claessens, jr., Newark Charter

Rodney Coker, so., Odessa

Jaheim Cole, sr., Dover

Josh Cox, sr., Archmere

Calvin Davis, fr., A.I. du Pont

James Dempsey, jr., Salesianum

Will DiPaolo, sr., Cape Henlopen

Logan Elmore, jr., Middletown

Dahani Everett, sr., Caesar Rodney

Jayden Feaster, sr., Middletown

Gabe Harris, sr., Caesar Rodney

Phoenix Henriquez, sr., Smyrna

Christian Jenerette, sr., Odessa

Brandon Jervey, jr., Middletown

Mekhi Jimperson, sr., Caesar Rodney

Benjamin Johnson, jr., Dickinson

Michka Johnson, sr., Hodgson

Trey Johnson, sr., Cape Henlopen

Amir Jones-Branch, sr., Middletown

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Alec Jurgaitis, sr., Saint Mark’s

Gavin Leffler, sr., Tatnall

Elijah MacFarlane, sr., Caesar Rodney

Max Martire, sr., Tatnall

Dylan McCarthy, sr., Tatnall

Chase Mellen, so., Salesianum

Zamir Miller, sr., Middletown

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Ryan Moody, sr., Sussex Academy

Wayne Roberts, jr., Appoquinimink

Elijah Tackett, sr., Dover

Kai Thornton, sr., Sussex Central

Marc Patterson, sr., Dover

Charles Prosser, so., Salesianum

Riley Robinson, fr., Middletown

Roan Samuels, sr., Salesianum

Douglas Simpson, jr., Cape Henlopen

Jessie Standard, jr., Middletown

Riley Stazzone, sr., Cape Henlopen

Jamar Taylor, jr., Salesianum

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Jordan Welch, sr., Sussex Tech

Brandon Williams, sr., Charter of Wilmington

Xzavier Yarborough, jr., Dover

Brandon Holveck reports on high school sports for The News Journal. Contact him at bholveck@delawareonline.com.



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DNREC’s decision to prohibit data center upheld by state board

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DNREC’s decision to prohibit data center upheld by state board


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  • A Delaware board upheld the state environmental agency’s decision to prohibit the “Project Washington” data center.
  • The Delaware Department of Natural Resources and Environmental Control (DNREC) ruled the project violated the 1971 Coastal Zone Act.
  • The developer, Starwood Digital Ventures, argued the project’s infrastructure did not fall under the act’s regulations.

Project Washington’s prospects in Delaware appear murkier after a board stood on the state environmental agency’s decision to prohibit the data center proposal.

The public hearings with the Coastal Zone Industrial Control Board kicked off in Dover on March 24 at the Delaware Department of Natural Resources and Environmental Control’s Auditorium near Legislative Hall. It finished on March 26 after days of testimony from witnesses supporting and opposing the DNREC decision on the data center, which would be the largest in the state.

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Project Washington was prohibited by DNREC in February because the agency said it violated the Coastal Zone Act, which was signed in 1971. Project Washington’s developer, Starwood Digital Ventures, filed an appeal of that decision soon after.

A little more than 30 people attended the meeting on March 24. It was modeled more like a court hearing than a public government meeting. The next two days included testimony from witnesses from both Starwood Digital Ventures’ and DNREC’s attorneys.

The Coastal Zone board consists of nine members, five of which are appointed by the governor and approved by the state Senate. Four other members are the state director of the Division of Small Business and Tourism and the chairs of the planning commissions of each county.

It’s the first time this assembly of the board has been called to action. Board members said they are making decisions on a fact and law basis, and are trying to cut out the noise this project has caused on social media and in other public meetings.

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Witnesses and experts explained a ton of technical definitions for generators and got into the nitty-gritty of emissions and infrastructure. It was up to the board to take those facts in stride and make their decision.

“What we have to do is come back to the purpose of the appeal,” said Willie Scott, a member of the board during a break between sessions on March 24.

They voted unanimously to uphold the DNREC decision to prohibit the project based on the Coastal Zone Act.

Courtroom-like arguments for and against the data center

The hearing on March 24 began with opening arguments. Attorneys for Starwood Digital Ventures, Project Washington’s developer, argued that Project Washington’s purpose and infrastructure fall outside of the Coastal Zone Act’s regulations, and that DNREC’s definitions of smokestacks and tank farms are flawed.

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“It fails every element of the statutory definition, as interpreted by the Delaware Supreme Court and the Delaware Superior Court,” said Jeff Moyer, an attorney representing Starwood. “Its limited diesel infrastructure is not a tank farm within any reasonable meaning of that term, and each of the core three functions of Project Washington – data storage, electrical infrastructure and backup power – are all expressly not regulated.”

DNREC’s attorneys argued the data center campuses fall under heavy industry in a modern context, and it is the kind of project the act is intended to kill. They also argued it has a potential to pollute when backup generators are working if the power fails.

“The law requires that it be prohibited, not recharacterized, not broken into pieces and minimized, but prohibited,” said Michael Hoffman, attorney representing DNREC. “Over the course of the next few days, we will show that Starwood’s proposed hyperscale data center is one such project.”

Closing arguments on March 26 reiterated arguments from both sides, and the board voted to stand with DNREC.

How Project Washington and DNREC got here

The Coastal Zone Act prevents heavy industrial projects from developing along the Delaware River and Bay, Chesapeake and Delaware Canal, Atlantic Ocean, Indian River Bay and other Sussex County bays. The 14 projects that have been grandfathered include the Delaware City Refinery and the Port of Wilmington.

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Project Washington’s proposed site falls within the defined coastal zone, which extends west to Dupont Highway in that specific spot. In February, DNREC said the massive data center is prohibited, stifling the project while it worked through state and county permits.

It would be 11 two-story data center buildings surrounded by electrical fields on two large land parcels north of Delaware City accessible by Hamburg Road, Governor Lea Road and River Road. 

DNREC’s beef with the project is in the backup generators and their accompanying diesel tanks. The data center is proposed to run 24 hours a day, seven days a week, 365 days a year. If power goes out, it needs to use the backup generators to keep running. DNREC’s decision says the project includes some 516 double-walled diesel fuel belly tanks, each capable of storing some 5,020 gallons of fuel. That’s about five acres of tank farm.

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There would be 516 backup generators with 516 smokestacks, which DNREC said in its original decision is the exact type of infrastructure the Coastal Zone Act targets by prohibiting “heavy industrial” projects.

Starwood Digital Ventures, appealed the decision, mentioning countervailing factors including avoiding wetlands, no direct surface water discharges and projected economic benefits.

Their appeal said the original DNREC decision “solely focuses on alleged environmental risk and worst-case emissions, and does not fairly weigh or explain these countervailing factors in light of regulating criteria.”

Jim Lamb, who is handling media communication for the project, said the backup generators would only run 37 to 45 minutes per month just to test if they are operational. Project Washington will also use a closed-loop cooling system, limiting its water intake.

The appeal required a hearing, which is the first time the board made a decision since 2021.

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The developer of the project did not immediately respond to Delaware Online/The News Journal’s request for comment. New Castle County officials did not immediately respond to either.

Shane Brennan covers Wilmington and other Delaware issues. Reach out with ideas, tips or feedback at slbrennan@delawareonline.com.



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GGE of Delaware Jumps on the Rally Sponsor Train!

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GGE of Delaware Jumps on the Rally Sponsor Train!


The Rally Sponsor Train keeps rolling! We are incredibly proud to welcome GGE of Delaware as a Premium Sponsor ($2,500) for the 5th Annual Rally for Our First Responders! This level of support makes a tremendous impact and helps us continue to grow…



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