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

See our page on Gun Industry Immunity 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). ⤴︎