Posted: 8/13/2011 8:56:13 AM EDT
Does anyone know the key Delaware state and/or federal court cases pertaining to carry license issuance procedures and requirements?
There is a downloadable .pdf on Delaware Open Carry Forum that covers Delaware firearm laws and related court cases
The following is an excerpt from "Delaware State Firearm Laws" Compiled by Robert Wiltbank
License limited to Delaware residents. ‐ In adopting this section the General Assembly intended to limit eligibility to carry a concealed weapon to residents of Delaware. In re Ware, 474 A.2d 131 (Del. 1984).
Authority of Superior Court. ‐ In considering applications for permits to carry concealed weapons, the Superior Court is engaging in an administrative function delegated by the General Assembly, which does not involve the resolution of disputes between private parties in the first instance nor does the exercise of judicial authority in such instances resolve controversies between litigants; the gun permit proceeding is essentially ex parte and discretionary, although the Superior Court "may" receive evidence in opposition to the application, and the statute fixes no standard for the granting or denial of an application. In re Buresch, 672 A.2d 64 (Del. 1996).
Appeal from Superior Court ruling. ‐ There is no right of appeal to the Supreme Court from a discretionary Superior Court ruling denying renewal of license to carry a concealed deadly weapon. In re Wolynetz, 545 A.2d 1194 (Del. 1988).
A judicial ruling on a license application is not considered a judgment entered in a civil cause for the purposes of appellate review. In re Buresch, 672 A.2d 64 (Del. 1996).
In the absence of the exercise of a judicial function by the Superior Court in ruling on an application for a permit, the Supreme Court lacks the power to review. In re Buresch, 672 A.2d 64 (Del. 1996).
State must demonstrate good cause to deny renewal. ‐ At a hearing scheduled upon a renewal, the initial burden shall be upon the State to demonstrate "good cause" why the renewal should not be approved. The petitioner then would be entitled to rebut that evidence. In re McIntyre, 552 A.2d 500 (Del. Super. Ct. 1988).
Where a renewal is pending before the court, such renewal will be approved unless good cause is presented which will justify further inquiry into the renewal. In re McIntyre, 552 A.2d 500 (Del. Super. Ct. 1988).
Burden of proving right to carry a concealed deadly weapon. ‐ Although Del. Const. art. I, § 20 confirmed the constitutional right to keep and bear arms, 11 Del.C. § 1441 denied any person the right to carry a concealed deadly weapon without a license to do so; consequently, the trial court did not err in imposing on defendant the burden to prove a license to carry a concealed weapon. Smith v. State, ‐ A.2d ‐ (Del. Aug. 17, 2005).