A Delaware Superior Court judge upheld a ban on carrying firearms in state parks and forests for purposes other than hunting.

The challenge to the rule was brought by multiple plaintiffs, including the Bridgeville Rifle and Pistol Club – a 1,200 member organization in southern Delaware. In a civil complaint, they argued the administrative codes are "inconsistent with and pre-empted by" both state law and the state constitution.

The rifle club noted its members often like to camp at Trap Pond State Park or rent a cottage at Seashore State Park during nearby shooting competitions yet they are unable to do so because of the ban. Plaintiffs also argued a need exists to carry firearms for protection.

“A deprivation of constitutional rights can constitute irreparable harm,” the civil complaint stated.

Superior Court Judge T. Henley Graves said in his Dec. 23 ruling the regulations do not run “afoul” of the Delaware Constitution, nor did they contradict state law passed by the General Assembly.

“As for plaintiffs’ concerns for self-defense, the Court observes the need to respond to a threat with a firearm is diminished when firearms are prohibited in the area,” Graves said in the ruling.

The rules in question state it is “unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots, or archery equipment upon lands or waters administered by the Division, except with prior written approval of the Director.”

After the rule was challenged last year, Deputy Environmental Secretary Kara Coats in an email said, “we allow appropriate firearms and archery equipment during seasons for those using these lands for recreational hunting.”

“But (we) do not believe it is appropriate to allow deadly weapons that are not associated with hunting in Delaware state parks," she said.

Graves said the government has a legitimate interest in maintaining safe parks and forests, stating “firearms are designed to injure or kill.” He noted, however, the plaintiffs are “responsible gun owners.”

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DNREC Secretary David Small told the Associated Press he was pleased with the ruling.

“We do not believe that the unrestricted ability to carry weapons is consistent with our mission to provide every visitor with safe, enjoyable recreational experiences,” Small said in a prepared statement.

Contact Karl Baker at (302) 324-2329 or kbaker@delawareonline.com. Follow him on Twitter @kbaker6