On Friday, November 1st DSSA filed a lawsuit against DNREC for their regulations concerning straight-walled pistol caliber rifles. If you remember, back in 2018, subsequent to the Governor signing House Bill 156, which amended the range of calibers permitted for handguns for deer hunting and also allowed the use of rifles in those same calibers, DNREC issued a press release stating that only the following platforms would be permitted under the new legislation: “Lever action, bolt action, pump action, single shot, and revolver rifles.” As we all know Secretary Garvin excluded semi-automatic rifle platforms. He did this even after the Legislative Sportsman’s Caucus sent him a letter telling him he could not. We, DSSA, strongly objected. To our knowledge, no one was cited for a violation. The reason, there is no statute or regulation that someone could violate and receive a citation for.
Fast forward to 2019. Not only did DNREC continue to prohibit the use of semi-automatic rifles in the proper calibers, they went one step further. The declared that: “Additionally, if there is not a commercially produced handgun available that is chambered for ammunition that meets the caliber and cartridge case length criteria than a rifle chambered for that same ammunition is not permissible for use.”
Again, this is an instance of DNREC writing their own version of the law. In an August letter to Sec. Garvin, I again voiced our objections. His response is bereft of any valid legal basis for his actions.
At the October meeting of the Fish & Wildlife Advisory Council I went on the record with our objections to the actions of Sec. Garvin. On Friday, November 1st DSSA filed the complaint in Kent County Superior Court. You can read it here. (Complaint against DNREC)
What’s next? DSSA is asking for expedited arguments and is waiting for a response from DNREC. Look for updates here.