HB 35

HB 35, the background check for gun purchases is on the way to the state Senate, but you do not see any protests from us.  Why not?  The 10 amendments addressed most of our problems.  I call upon the Senate to exempt current military personnel. Background checks help us enforce existing laws.  If they are not used as a backdoor registration, I do not have a problem.  Having background checks available for private sales protects the innocent party from liability and it will give an avenue to prosecute people who are transferring weapons to criminals. If the proponents expect this to be a great solution, remember most gun sales are already background checked and gun runners are not all of a sudden going to start background checking before they sale the overseas smuggled weapon they pulled out of the trunk of their car.  This will not stop the drug dealers and gangs from getting weapons.  It is not a panacea. It will help on the margins, and if you are the one or two people not killed each year, it is worth it to you. I thank the House for listening to the people and being the people’s house.  The majority of Delawareans approved of background checks, but they did not want a Draconian bill that puts government in family gifts and allowed people to FOIA what type of weapons you purchased.  This is the way the process is supposed to work.  Republicans and Democrats listening to the people affected and coming together with a reasoned solution.

32 thoughts on “HB 35”

  1. Anyone who thinks criminals will comply with registration of their guns is a fool. A number of states like Massachusetts already have registration. Massachusetts residents must possess a firearms permit to purchase any firearms and/or ammunition. There are even different levels of firearms allowed to be purchased depending upon the permit.
    All the gun control laws have done nothing to curb violent crime involving guns. Massachusetts ranks 20th nationwide for violent crimes involving guns.
    Maine, New Hampshire and Vermont have unrestricted gun laws and they rank 1, 2 and 3 for lowest violent crime involving firearms in the nation.

    There is NO need for universal firearm registration whether at the federal or state levels.

  2. The scariest thing about the progressive inch is the mile that is bound to follow after it at a time when they hope our attention is focused elsewhere. They have their inch now and that is all they need. Geezer is happy to tell us what the mile is, but most people will not give his statement credibility until after the progressives have actually pulled it off.

  3. Tim indeed and here is a prime example. The dl farleft and Frank Knotts claim it’s not about seizing law abiding citizens guns or registration. All anyone has to do is read the SB37 proposal below.

    “Delaware Senate Bill 37
    SYNOPSIS

    This act would add a new section 1462 to Title 11 of the Delaware Code and set in place a prospective prohibition against the manufacture, production, delivery, sale, or purchase of assault weapons. Persons who legally possess assault weapons at the time the act goes into effect may continue to possess them legally, but must provide proof of ownership to the Delaware State Police within 120 days of the effective date of the act.
    A first violation of the new section 1462 would be a class F felony, which carries a maximum sentence of up to 3 years to be served at Level V. A second violation within ten years of the first violation would be a class E felony, which carries a maximum sentence of up to 5 years to be served at level V. ”

    This sure looks like registration to me. If the Stalinists’ that run this state have their way we will have to become “free agents” and move to a state in the old CSA borders that rejects this tyranny.

  4. It is not even close to registration..

    In fact, based on the comments here and over on Frank Knox’s blog, I would highly recommend the Delaware State Police come down from New Castle County and first begin this process by taking the membership lists of the 9/12 Patriots, then visit each and every one’s of their domiciles to make sure all guns were correctly reported. If one gets missed, these people, yes the very same ones who want to build their own army to create their own form of law, are the very first who should be tried and convicted under this law.

    Then Sussex County will again be safe..

  5. Kavips
    “In fact, based on the comments here and over on Frank Knox’s blog, I would highly recommend the Delaware State Police come down from New Castle County and first begin this process by taking the membership lists of the 9/12 Patriots, then visit each and every one’s of their domiciles to make sure all guns were correctly reported.”

    First of all, Frank who? Second of all, what you are advocating is “selective enforcement” and it is highly illegal and would immediately cause dozens of lawsuits.
    Next time think before you either an irrelevant or very stupid statement!!

  6. “Anyone who thinks criminals will comply with registration of their guns is a fool.” – William Christy

    What would you call someone who thinks we should only have laws that criminals will comply with ?

  7. This whole gun registry strawman is the ultimate weapon for the NRA, because any legitimate gun safety legislation is unenforceable unless you know who has the guns. Does anyone really think that if the government couldn’t already confiscate all guns if they wanted to? You don’t think they already know who has guns? And do you really think your AR-15 is going to win against what they’ll bring if it comes to that?

    I think everyone should have to insure their guns, so that if anything happens with your gun, you’re legally and financially responsible. It doesn’t infringe on your right to bear arms. It infringes on two things: your right to commit a crime with your gun, and other people’s right to commit a crime with your gun. And the only way to avoid liability is to report lost and stolen guns. And the only people who’ll know are you and your insurance company. No aggregate list.

  8. anon since there is no gun registration and by law FFL gun shops have to destroy records the only way the government knows who has firearms are those who apply/possess a CCDW or other similar permit.

    As far as what they “bring” their Barrett M107 A1 .50 cal sniper rifle is no different than what a private citizen can buy if they are inclined and have the $10K – $12K to do so.

    Do you really think that homeowners don’t have their guns insured? I can’t speak for everyone but I have everything of value documented with photos, serial numbers, and insured.

    BTW everyone who owns a dog that is on the dangerous dog list is also supposed to carry additional liability insurance we see how well that works.

    More concerning is the threat of felony charges for not complying, which if happened and the person was convicted they would loose their right to own any firearms.

  9. Your homeowners insurance covers YOU if something happens to your guns. I want insurance to cover everyone who has to bear the costs of gun violence, much of which is borne by the government, and therefore, by my tax dollars. If your gun is used to commit a crime, you should be held financially responsible. I’m talking about personal responsibility, a core conservative value.

    By the way, I love the naive world you live in with a statement like this:

    “anon since there is no gun registration and by law FFL gun shops have to destroy records the only way the government knows who has firearms are those who apply/possess a CCDW or other similar permit.”

  10. If according to you the government already knows who has what firearms then legislators should knuckle down to resolve real issues facing our state instead of wasting time on feel god legislation.

  11. A gun registry would not be “feel-good” legislation. It would put a stop to much of the straw purchasing that accounts for about half the guns that wind up in the hands of criminals.

  12. geezer BATF reports revealed that 1.2% of federally licensed gun dealers supply 57% of the guns used in crime.
    The Feds should be targeting the 1.2% of the dealers who are breaking the law instead of targeting the other 98.8%.

    There’s already a federal law prohibiting straw purchases, making another law is not going to slow down criminals from stealing, and selling guns to other criminals who are prohibited from legally purchasing them.

    Penalizing responsible gun owners and dealers is not the way to handle a problem created by the minority not the majority.

    The statistics for commercial thefts show that nearly 25,000 guns per year are lost or stolen from gun dealers.

    According to the Bureau of Alcohol Tobacco and Firearms (ATF), more than 4,000 gun stores and retailers have been targeted in the last three years, with 74,000 guns reported stolen or lost. And criminals will use any method possible to get their hands on some weapons, either for their own use, or to sell on the black market. Using those numbers that’s approximately 25,000 guns stolen annually from dealers. In 2010 there were 358 murders involving rifles. Murders involving the use of handguns in the US that same year totaled 6,009, with another 1,939 murders with the firearm type unreported.
    WHO are these criminals selling guns to, OTHER CRIMINALS who aren’t registering their guns and never will.

  13. 1. The government will never repeal all the other gun laws, and a registry can’t guarantee 100% ironclad that criminals still won’t get guns.

    2.Comparing cars to guns is like comparing apples to zucchini.

    3. If our forefathers had wanted guns to be registered then it would have been written that in the Second Amendment. The forefathers obviously knew what their intent was, which is why it was written as it was. . Our Declaration of Independence and Constitution has withstood the scrutiny of time for the last 236 years.

  14. To Don. Oh, in case you didn’t know, Frank is formatting the “other” republican blog: the one known for sound reasoning, and the judicious use of proper government. As I’m sure you are aware, this blog here has the reputation of being the one of the followers of Christine O’Donnell and for that reason alone, it has the reputation of promoting witchcraft; which is why it stays true to her extreme views on science, religion, and sex.

    As for “selective enforcement?” Since when have Sussex County Republicans ever been against selective enforcement? As in selective enforcement of teaching against evolution? or selective enforcement of teaching creationism? or selective enforcement in enforcing civic provisions against one landowner, but ignoring them for Mark Baker? or selective enforcement in following land abatement rules? Or selective interpretation of the Delaware Constitution when it comes to having a sheriff arm a local army?

    Apparently Don, you are the one not in the factual loop… All facts point to this group of Sussex Country Republicans simply thinking they can invent law on the spot, and enforce it just as quickly….

    As an aside, the 9/12 Patriots are a danger to American Constitutional Government. The sooner the Delaware State Police investigate whether or not their guns are owned legally, the better….

    Normal Sussex Countians should be allowed to sleep in peace…. without those insane wanna-be soldiers wiggling across their newly manure-spread farms fully loaded….

  15. The clear message is on the walls of legislative hall.

    SUMMARY OF THE DELAWARE GUN LEGISLATION

    Here are the 6 bills and their current status.

    SB 23 “AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPALITIES AND LIMITATIONS ON FIREARM REGULATIONS ” –Mar 20, 2013 – Assigned to Judiciary Committee in Senate
    This act would repeal Section 111 of Title 22 of the Delaware Code in its entirety, and eliminate the limitations imposed upon municipalities to regulate firearms and ammunition within their jurisdictions. This act would leave in place the limitations imposed upon counties by Title 9 of the Delaware Code, Section 330 to regulate firearms and ammunition
    –Committee Hearing: April 17 at 1:00 in the Senate Hearing Room.—
    —If this bill is passed, you will not be able to carry a firearm in certain areas and basically, will be denied your right to carry in Delaware unless you stay in certain areas.—

    SB 37 “AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND ASSAULT WEAPONS”– Assigned to the Senate Judiciary Committee
    This act would add a new section 1462 to Title 11 of the Delaware Code and set in place a prospective prohibition against the manufacture, production, delivery, sale, or purchase of assault weapons. Persons who legally possess assault weapons at the time the act goes into effect may continue to possess them legally, but must provide proof of ownership to the Delaware State Police within 120 days of the effective date of the act. A first violation of the new section 1462 would be a class F felony, which carries a maximum sentence of up to 3 years to be served at Level V. A second violation within ten years of the first violation would be a class E felony, which carries a maximum sentence of up to 5 years to be served at level V. ”
    This act would also make it unlawful to violate the new Section 1461 in a Safe School and Recreation Zone, pursuant to Title 11 of the Delaware Code, Section 1457.
    —This will establish a registration system for your guns.—

    SB 16 “LOST & STOLEN GUN BILL”—Out of committee
    This bill would require owners of lost or stolen handguns to report such loss or theft within 48 hours of discovery. Owners may report such loss or theft to the law enforcement agency having jurisdiction, or to any State Police Troop. –This bill would criminalize victimization and would do nothing to address the issue of straw purchases—.
    Some questions on that were stated at the hearing: 1) If I notice my gun missing on Monday and I take time to look for it, call my son to see if he has it etc and I contact the police on day three, I’m a criminal. Right?” And they hemmed and hawed and didn’t have an answer. 2) Who determines when it was lost or stolen? 3) How will this work without registration? 4) What happens when the new victim, the one who was shot with the gun that was stolen from a “good guy” (that word was used a lot today), finds out who the gun belongs to and sues the “good guy” because he didn’t keep his gun safe 5) how would this be enforced? 6) will the guns be returned to the owners7) why does the superior court have jurisdiction over all violations of this section.

    HB 67 “AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS, FIREARMS OR DESTRUCTIVE WEAPONS.”— Assigned to the House Administration Committee
    Synopsis: This Act will increase the protections against criminal firearms violence afforded to our children by creating a new crime called Possession of a Firearm or Destructive Weapon in a Safe School Zone.
    The Act will ban the possession of firearms in schools and on school property. Firearms or destructive weapons that are possessed on private property or in private residences, businesses or motor vehicles on public roadways are exempt from the ban, as are firearms in motor vehicles that are on school property to facilitate attendance at a legitimate school function. Possession of a Firearm or Destructive Weapon in a Safe School Zone will be a Class D felony.—Current Status: House Education Committee On 03/28/13—

    HB 35 “AN ACT TO AMEND TITLE 11 AND TITLE 24 OF THE DELAWARE CODE RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS IN CONNECTION WITH THE SALE OR TRANSFER OF FIREARMS”—10 Amendments added—Sent to Senate—

    HB 58 “AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROHIBITED CONDUCT IN CONNECTION WITH LARGE-CAPACITY MAGAZINES”
    The bill was tabled (struck down for further review) in the House Administration Committee. Synopsis: This bill would prohibit the manufacture, sale, purchase, transfer or delivery of large-capacity magazines, which are defined as ammunition feeding devices with the capacity to accept more than 10 rounds. Acknowledging that thousands of law-abiding Delawareans currently possess large-capacity magazines lawfully, the bill would make such possession unlawful only if it occurs in a public place while in possession of a firearm capable of accepting it. Possession of a large-capacity magazine would not be unlawful in areas that are not public places, and an exception exists to allow the possession and use of large-capacity magazines at shooting ranges. Persons who violate this Act would be guilty of a class A misdemeanor for a first offense and a class G felony for any subsequent offense.

  16. I would agree with those who say that some of this legislation would be ineffective. however I think the talk about the government taking your guns is ridiculous. The far right rails against the government saying that it can’t get anything right …is incompetent etc…. How then could they ( the government) possibly organize itself/ themselves to locate and disarm law abiding citizens?

  17. salty first if the government gets the mental illness part of the gun control package passed ( I think we all agree we need to tighten that part up) they will target veterans who have been diagnosed with PTSD.

    It is already happening vets are receiving letters from the VA specifically addressing the Brady Bill and how it relates to mental illness. I have seen several letters sent to vets who have returned from OEF/OIF . They have been told to turn their firearms and ammo in or risk their benefits being cut. The problem is PTSD is not a mental illness, it is an Anxiety Disorder.

    If a universal gun registration were to pass that would give the government the clearing house list (if you will) of gun owners. Would the government ever be able to seize all the privately owned guns, I don’t know, but I surely wouldn’t want to find out either.

  18. Kavips stop being a shill for the other blog. It’s funded by the Route 1 PAC which was originally funded with a $100,000 donation made by Daniel Anderson a well known tea party member. The web domain for the blog is registered to and owned by a former Christine O’Donnell staff member. It’s all a matter of public record through whoisdotcom and the State of Delaware Election commission. Outwardly it certainly appears to be disingenuous to say the least especially when the blog is used to criticize fellow Sussex County GOP party members. To the best of my knowledge the site is not officially or unofficially endorsed by the Sussex County GOP or the State GOP.

    As far as the 9 -12 comments they are laughable you have certainly reached a new level of ludicrousness, and/or ineptness to understand the Constitutional rights of citizens to assemble and question their government.

  19. bill

    i don’t share your worry about a data base. controlled substances have been tracked by the “government” for as long as i can remember. the government should theoretically be able to analyze data to red flag practitioners who are over prescribing medication. why don’t/can’t they? the answer is that they are not really capable of it. they are also not capable of getting it together enough to take your guns. you have to admit that your thinking is a little paranoid and the likelihood of this happening is very slim.

  20. Kavips
    “To Don. Oh, in case you didn’t know, Frank is formatting the “other” republican blog: the one known for sound reasoning, and the judicious use of proper government.”

    If Frank had sound reasoning, he would still be here at delawarepolitics.net. He decided to go with Rt.1 PAC, “a left of center” blogsite that calls themselves, “the real conservatives. That’s where Frank belongs and should stay. Frank is an anti-constitutional, and a progressive liberal that has found a new home.

    Frank has a “my way or the highway” attitude, and he chose to take the highway.

    GOOD FOR HIM

  21. salty then can analyze and track data from over prescribing doctors. It happened in 2011 –
    Secretary of State Bullock, stated it is alleged that between Jan. 1 and June 28, Dr. Niaz wrote prescriptions for more than 57,000 tablets of controlled substances including more than 42,000 tablets of oxycodone, a Schedule II narcotic. The state also alleges that during that same period, Binkley – a nurse practitioner with her own controlled substance registration, but working under Niaz’s supervision – wrote prescriptions for more than 89,000 tablets of oxycodone. Bullock said it is further alleged that within a two-week period earlier this year, a patient filled prescriptions written by Niaz and Binkley for 360 tablets of oxycodone 30 mg and 90 tablets of Alprazolam 1 mg.

    Bullock noted that in the case of Dr. Titus, records from one pharmacy show that between Jan. 1 and Nov. 18, he issued 3,941 prescriptions for nearly three-quarters of a million pills for 17 different Schedule II controlled pain medications including oxycodone, Endocet, Oxycontin, amphetamines, Fentanyl, and morphine.

    NONE of these 3 people were ever criminally charged including the doctor who prescribed nearly 750,000 pills in an 11 month period. That doctor faced a disciplinary hearing before the medical board in April 2012, he got slapped on the wrist.

  22. Geezer
    It is interesting that you have become Frank’s apologist; this shows me just where Frank stands politically. You are correct in the fact that we disagree on many issues but that is not what makes Frank a liberal.
    What makes Frank a liberal is his stand of the Constitutional Sheriffs issue and Prayer issue and the way he fails to interpret the Constitution.
    Frank can believe anything he wants and that is his Constitutional right but calling himself a conservative in a serious misnomer in his case. His new blogsite should be named DelawareLeft not DelawareRight.
    Their new blogsite is a shill to raise money for Rt. 1 PAC and nothing more, which promotes Karl Rove’s brand of Republicanism.

  23. geezer talk about ludicrous logic, do you even read what you post?
    “A gun registry would not be “feel-good” legislation. It would put a stop to much of the straw purchasing that accounts for about half the guns that wind up in the hands of criminals.”

    Another law (gun registration) isn’t the answer, enforcement of the current laws on the books is the answer.
    Mandatory jail sentences for crimes involving guns instead of “sentencing guidelines” will eliminate liberal prosecutors and judges from making deals.

    If state ag’s and judges lack the ability to enforce state laws, they should step aside and let the federal government prosecute the gun crimes under the current federal laws.

  24. geezer what face to face interactions have you ever had with Frank? You don’t live in Sussex County you call us all peckerwoods, and here you are defending him. He posts in dl he agrees with a number of liberal agenda positions taken in there. NOBODY tossed him out of the ‘club” he did that all on his own, just like he’s going to end up doing with the Sussex GOP. Party unity is what is needed and Frank along with a few others are doing everything they can to keep the dissension festering. That’s not some blog posters observation but witnessed by a number of GOP members in person, at meetings.

  25. It’s interesting that this group of phony “conservatives” are taking shots at Dan Anderson, who to my knowledge is the only person left who is willing to give a dime to the extremists who have no chance of winning elections. They really are trying to drive everyone away.

    And I do live in Sussex County and have had several interactions with Frank. I see why he is such a threat to people like you — because he used to be exactly like you. He used to fan the extremist flames and call everyone a RINO who wasn’t a total extremist, too. But then he woke up and realized that in order to actually accomplish something as a political party, the GOP needed to win elections. He adopted Bill Buckley’s mantra of promoting the most conservative candidate who can win. He realized that nobody gives a hoot what you believe unless you can govern. And he’s absolutely right.

  26. Geezer
    “It’s interesting that this group of phony “conservatives” are taking shots at Dan Anderson.”

    I haven’t seen anybody here taking shots at Dan Anderson. I have seen the truth of his donations being brought to light. I don’t consider that “Taking Shots.” Mr. Anderson is an good and honest man and he may contribute to any and all that he feels is suitable.

  27. “His new blogsite should be named DelawareLeft not DelawareRight.
    Their new blogsite is a shill to raise money for Rt. 1 PAC and nothing more, which promotes Karl Rove’s brand of Republicanism.”

    Dan Anderson has been accused BY YOU of fronting a “Karl Rove Republican” group with a “lefty” blog.

    Those are compliments? Because they look like shots to me.

  28. anon

    “And I do live in Sussex County and have had several interactions with Frank. I see why he is such a threat to people like you — because he used to be exactly like you. He used to fan the extremist flames and call everyone a RINO who wasn’t a total extremist, too. But then he woke up and realized that in order to actually accomplish something as a political party, the GOP needed to win elections”

    How is the GOP in NCCo going to win elections when the state chairman can’t even field candidates. His performance was so bad in the 2012 election cycle that nobody would step forward In both State Senate and some Rep. positions.
    I don’t blame them either. They knew that the party in NCCo had not been built to the level that they could win and didn’t believe the party would support them.

  29. “How is the GOP in NCCo going to win elections when the state chairman can’t even field candidates. His performance was so bad in the 2012 election cycle that nobody would step forward In both State Senate and some Rep. positions.”

    After the rise of the “absolutely destroy everyone who I deem to violate my ideological purity tests” movement, why would any normal person be crazy enough to run? It’s hard enough to beat Democrats without having to fight off the dogs in your own party first.

    I honestly think John did an outstanding job considering what people like you have done and continue to do to our party.

  30. geezer
    “We are discussing issues, not people, although I notice that this crew at DP can seldom keep the two separate.”

    That’s hilarious coming from you. You continually post inflammatory comments directed at the persons making posting the comments not the issues.

    “I’m sure the other group would say the same about you. There are two groups competing for control of the Sussex GOP. From what I can tell, the strategy of your group (you, Don, Jon) seems to depend on calling the other group names that you consider derogatory.”

    There you go once again making more baseless assumptions.
    Your group? I have no “group” other than the GOP members in the 1st 36th district whom I am the ECD for. I don’t categorically lump you in with people in dl just because you post there. Extend me the same courtesy in here.

  31. “How is the GOP in NCCo going to win elections when the state chairman can’t even field candidates. His performance was so bad in the 2012 election cycle that nobody would step forward In both State Senate and some Rep. positions.
    I don’t blame them either. They knew that the party in NCCo had not been built to the level that they could win and didn’t believe the party would support them.”

    This coming from Don Ayotte, one of two GOP Candidates who LOST to DEMOCRATS in Sussex County.

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