It strikes down 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 on Sept. 1.
According to the Delaware Department of Natural Resources and Environmental Control, the decision by Kent County Resident Judge Reneta L. Green-Streett in Birney et al. v. Delaware Department of Safety and Homeland Security et al., Del. Superior Court C.A. No. K23C-07-019 RLG, found in favor of the plaintiffs.
The court’s decision, dated Aug. 29, affects Delaware's hunting supervision rules for the 2025-26 hunting seasons when the direct supervision provision for 18- to 21-year-old hunters would have been in effect for first time since then-Gov. John Carney signed HB 451 into law in 2022.
The Birney decision also states in its conclusion that “HB 451’s provisions that do not affect the rights of 18-to-20-year-olds… remain intact.”
DNREC will adjust the online version of 2025-26 Delaware Hunting and Trapping Guide to clarify that individuals between the ages of 18 and 21 can hunt without being under the direct supervision of a person age 21 or older, while the requirements for under 18 remain.
Hunting supervision requirements now in effect are found in the accompanying revised chart. There was no mention on whether the ruling will be appealed.
The 21-year-old provision has been controversial, with critics noting that there is little evidence of problems related to minors under 21.
The law also came about at a time when the number of hunters has declined, due to changing demographics with sprawl from new homes and businesses reducing wildlife habitat.
A DNREC release did not mention whether the lower court ruling will be appealed.
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