Compliance with the background check provisions of Delaware Code Annotated Title 11, § 1448A is a complete defense to any claim or cause of action under Delaware law for liability for damages arising from the importation or manufacture, or subsequent sale or transfer of a firearm shipped or transported in interstate or foreign commerce to a person convicted in any court of a crime punishable by imprisonment for a term exceeding one year.1

Delaware law also provides that:

No shooting range or hunting operation…shall be or become a nuisance, private or public, by any changed conditions in or about the locality thereof after the same has been in operation for more than 1 year if the operation or the change did not constitute a nuisance from the date the shooting range or hunting operation began or the date the change in the operation began. Likewise, a shooting range or hunting operation which fully complied with local zoning requirements when operations first began shall not be deemed to be non-compliant based upon zoning requirements which have subsequently changed since the initial commencement of operations.2

This section does not apply, however, when:

  • A nuisance results from the negligent or improper operation of the shooting range or hunting operation;
  • There has been a significant and fundamental change in the hunting operation or operation of the shooting range;
  • The shooting range or hunting operations do not conform to federal, state or local health or zoning requirements; or
  • The shooting range or hunting operations are conducted in a negligent or unlawful manner.3

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center’s Legal Action Project and the Coalition to Stop Gun Violence’s Gun Industry Immunity page.

See our Immunity Statutes / Manufacturer Litigation policy summary for a comprehensive discussion of this issue.

Notes
  1. Del. Code Ann. tit. 11, § 1448A(c). ⤴︎
  2. Del. Code Ann. tit. 10, § 8142(c). ⤴︎
  3. Del. Code Ann. tit. 10, § 8142(b), (d). ⤴︎