Court Ruling Eliminates ‘Direct Supervision’ Provision in State Law Affecting Delaware Hunters Ages 18 to 21

Hunters Under Age 18 Must Have Adult Supervision Under State Code

The Superior Court for the State of Delaware has determined that Delaware’s constitutional right to keep and bear arms extends to all Delawareans aged 18 or older – eliminating 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.

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, 2025, 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-Governor 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.”

In light of the Birney ruling, the Department of Natural Resources and Environmental Control 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 following Judge Green-Streett’s decision are found in the accompanying revised chart.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities, and educates Delawareans about the environment. The DNREC Division of Fish and Wildlife conserves and manages Delaware’s fish and wildlife and their habitats, and provides fishing, hunting, wildlife viewing and boating access on more than 68,000 acres of public land. For more information, visit the website and connect with @DelawareDNREC on YouTube, Facebook, Instagram, X (formerly known as Twitter) or LinkedIn.

Media Contacts: Michael Globetti, michael.globetti@delaware.gov

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