DELAWARE - A Delaware Superior Court ruling has struck down a state requirement that hunters between the ages of 18 and 20 be directly supervised by someone 21 or older.
In a press release, Delaware's Department of Natural Resources said Kent County Resident Judge Reneta L. Green-Streett issued the decision on Friday, Aug. 29 in Birney et al. v. Delaware Department of Safety and Homeland Security et al. The court determined that Delaware's constitutional right to keep and bear arms extends to all state residents aged 18 or older. The ruling eliminates a provision in Delaware Code from a 2022 law that stated hunters between 18 and 21 years old would require direct supervision from a person age 21 or older when the state’s hunting seasons open Monday, Sept. 1.
Delaware's Department of Natural Resources will be adjusting the online version of the 2025-26 state Hunting and Trapping Guide to clarify the changes that those between the ages of 18 and 21 can hunt without being under the direct supervision of a person aged 21 or older. The requirements for hunters under 18 years old remain.
Photo: Delaware Department of Natural Resources
Sept. 1 marked the start of some of the earlier hunting seasons in Delaware. It was originally supposed to be the first fall hunting season with the supervision restriction in place.
"You can't restrict people who have the right to hunt, fish, and self-defense through the right to bear arms," Jeff Hague, President of the Delaware State Sportman's Association, said. "Because the age of majority in Delaware is 18, we argued that that applies to 18 to 21 year olds."
Sean Kane, who regularly hunts near Millsboro with his kids, also said the supervision rule would have been an overstep.
"I think it should have never happened in the first place," Kane said. "It's a huge overstep on our 2nd Amendment rights. As an adult, you should be able to make those decisions. There's no reason to delay it."
Kane said his nine-year-old daughter, Scarlett, has been hunting with him since she was five. Scarlett told WBOC she hopes to still be hunting when she's 18.
"I think I should be able to hunt by myself because I'm really good at hunting right now, and I bet I'll be even better by the time I'm 18," Scarlett said.
Kathleen Casey, a visitor at Prime Hook National Wildlife Refuge on Monday, said she still wonders if supervision may have been the right call.
"We have two sons. Remembering what they were like from 18 to 21, I don't know if they would have been responsible enough," Casey said.
Sept. 1 marked the start of archery and crossbow deer-hunting in Delaware. It was also the opening day for the mourning dove, coyote, and resident Canada geese seasons.
