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Delaware bans "assault weapons"


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Next up...   My thoughts from the WA State thread...

"I feel NJ flexing it's muscles, too - just because they "don't like being left out" - some other state in New England will do something stupid soon, too.

Watch it happen - it WILL happen."

Delaware lawmakers pass historic gun legislation, including ban on sale of assault weapons

Meredith Newman, Delaware News Journal - Yesterday 3:24 PM
 
 
 

Delaware lawmakers passed a series of bills late Thursday culminating in one of the most significant days for gun reform in recent Delaware history. 

This package of bills – which included strengthening background checks, banning the sale of assault weapons and limiting high-capacity magazines – was introduced by Democrats earlier this month after a series of mass shootings including the one in Uvalde, Texas, in which a gunman shot and killed 19 elementary schoolchildren and two teachers. 

Miller's Gun Center near New Castle
© Damian Giletto/Delaware News JournalMiller's Gun Center near New Castle

Republicans have been against much of this legislation, often citing Second Amendment rights, the impact on small businesses and the need to improve school security. Republican leadership has also alluded to a possible legal fight if this legislation passed.

The Senate voted on six pieces of gun reform legislation Thursday night, three of which now head to the governor, who has said he supports these bills. The votes came after prolonged debate from Senate Republicans, which stretched for several hours.

The Senate didn't recess until 12:13 a.m. Friday.

Two gun-related bills received overwhelming bipartisan support, including one to bring back state background checks for guns. Lawmakers say this legislation will reduce straw purchases and better identify those who are not allowed to own a gun. The federal background check, which is what is used now, can miss those with outstanding warrants or those convicted of a misdemeanor domestic violence offenses. 

All lawmakers in both the House and the Senate voted for this bill. 

The rest of the Democratic-backed bills voted on in the Senate on Thursday night passed with a vote of 13-8. Sen. Bruce Ennis, D-Smyrna, was the only Democrat to vote against the bills.

For House Bill 450, the debate lasted for two hours and 20 minutes, significantly longer than the typical debate for most bills. The legislation would make it illegal to make, sell, purchase or possess assault-style weapons, including AK-47s and AR-15s. 

This bill, which now heads to the governor’s desk, grandfathers currently owned weapons and protects owners from being misidentified as those breaking the law, and grants certain exceptions for law enforcement and military members.

Sen. Dave Lawson, R-Marydel, who is a former gun shop owner and police officer, engaged in an extended debate over the ban on the sale of assault weapons. He asked pointed and technical questions of Democrats’ experts and criticized various aspects of the bill. 

“The road to hell is paved by good intentions,” Lawson said at one point. 

“The road was paved,” Sen. Nicole Poore, the bill’s co-sponsor, immediately responded, “when that young man … killed 19 kids and left them unidentifiable.”

The General Assembly also passed legislation that would define and ban "large-capacity magazines" as a firearm with a capacity to hold more than 17 rounds of ammunition.

This bill has gone back and forth between the Senate and House in the past year. When the House passed the Senate bill in 2021, representatives added amendments that would have allowed for the ownership of large-capacity magazines but include a stricter punishment if used in a crime. It also changed the definition of what the legislation defined as a “large-capacity magazine."

It then languished in the Senate due to many senators being frustrated with the House changes. The bill, Senate Substitute 1 for Senate Bill 6, that passed in both chambers on Thursday is similar to the original Senate version, with some revisions. It’s now expected to be signed by the governor. 

One concern raised by Republicans was how this legislation could affect a Georgetown business that manufacturers magazines. Republican Sen. Brian Pettyjohn, who represents the area, introduced a bill this week that would allow a Delaware magazine manufacturer to sell and transport magazines as long as it is sold to people outside of the state. 

Rep. Ruth Briggs King, R-Georgetown, previously introduced this as an amendment in a former version of the bill. This bill had overwhelming bipartisan support.

The Senate also passed two bills that will ban the use of devices that convert handguns into fully automatic weapons and hold manufacturers liable for negligent actions that lead to gun violence.

The latter of these two bills is named after Keshall “KeKe” Anderson, who at 19 was an innocent bystander in a 2016 shooting that resulted in her death. The gun involved in the shooting was purchased through a straw purchase. Both bills now head to the House.  

The Senate tabled HB 451, which would increase the purchasing age for most firearms to 21 years old. It’s expected to be voted on before the session ends June 30. 

Contact Meredith Newman at (302) 256-2466 or at mnewman@delawareonline.com. Follow her on Twitter at @MereNewman.

This article originally appeared on Delaware News Journal: Delaware lawmakers pass historic gun legislation, including ban on sale of assault weapons

 
 
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1 hour ago, 98Z5V said:

Two gun-related bills received overwhelming bipartisan support, including one to bring back state background checks for guns. Lawmakers say this legislation will reduce straw purchases and better identify those who are not allowed to own a gun. The federal background check, which is what is used now, can miss those with outstanding warrants or those convicted of a misdemeanor domestic violence offenses. 

Wanted to highlight two passages from that story.  The one above - the Lautenberg Amendment.  "The Domestic Violence Offender Gun Ban, often called the "Lautenberg Amendment", is an amendment to the Omnibus Consolidated Appropriations Act of 1997, enacted by the 104th United States Congress in 1996, which bans access to firearms by people convicted of crimes of domestic violence."

So, the state of Delaware is saying that the Fed background check can "miss" convictions of misdemeanor domestic violence.  There's ONLY ONE WAY for that to not appear on a NICS check...  ...If the state is lax in reporting misdemeanor domestic violence convictions...  Which, by the way, is mandatory, is current law, and NOT reporting it would be against the law...

1 hour ago, 98Z5V said:

For House Bill 450, the debate lasted for two hours and 20 minutes, significantly longer than the typical debate for most bills. The legislation would make it illegal to make, sell, purchase or possess assault-style weapons, including AK-47s and AR-15s. 

Okay - they just banned "possession."  They made it retroactive in that wording.  How are they going to get the guns out of the state, that are legally owned right now?...  :popcorn:   They state this - but do you trust a politician?  If they have the names of current owners, that goes against current law - no databases...

This bill, which now heads to the governor’s desk, grandfathers currently owned weapons and protects owners from being misidentified as those breaking the law, and grants certain exceptions for law enforcement and military members.

Edited by 98Z5V
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1 hour ago, 98Z5V said:

This bill, which now heads to the governor’s desk, grandfathers currently owned weapons and protects owners from being misidentified as those breaking the law, and grants certain exceptions for law enforcement and military members

That was the next paragraph.  It's hard to know if it is lazy reporting or actual lawmaker doublespeak.

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Registration is the first step in confiscation( or at least the attempt) One of the issuse the current government up here face after making a number of guns prohibited is that the majority are non restricted and thus no registration nor a need for a seller to keep a record of who bought it. 

There was a 2 year 'amnesty' which has already been extended as the government tries to figure out a plan. The first problem is the claim it will cost 600M tto implement by a think tank using New Zeland as an example figures 3-5Billion with 20% compliance( the registered stuff). 

The second problem is don't offer enough compensation then most of the non registered stuff will simply disapear. Not to mention a lot of ARs(registered) will be stripped down as only the stripped lowers are the 'actual' gun by Canadian law. 

Registration leads to confiscation

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