After engaging in a heated and prolonged discussion that stretched well into Thursday evening, the House of Representatives successfully approved a legislation that would require individuals in Delaware to acquire a government-issued permit in order to purchase a handgun.
The Permit-to-Purchase Bill, also known as Senate Substitute 1 for Senate Bill 2, is being sponsored by Senate Majority Whip Elizabeth Lockman (D-Wilmington West). This bill aims to establish a new requirement for individuals wishing to purchase a handgun in Delaware. Under this proposed legislation, individuals would need to obtain a handgun purchaser permit before making their purchase. This process would involve undergoing fingerprinting, a criminal background check, and completing a firearms training course.
The required training and coursework encompass a total of 11 distinct elements. These include areas such as firearms handling, live shooting exercises, suicide prevention, and techniques for avoiding criminal attacks and managing violent encounters. It is important to note that individuals with concealed carry permits, as well as active and retired law enforcement officers, would be exempt from this mandate. Additionally, applicants would be responsible for covering the expenses associated with the training.
During the House consideration on Thursday, several amendments were proposed for the legislation. Out of the 11 amendments, four were incorporated into the final version. State Representative Melissa Minor-Brown (D-New Castle), the primary sponsor of the gun control measure in the House, introduced a significant change through House Amendment 2. This amendment extends the duration of the “handgun qualified purchaser permit” to two years.
The amendment removed a program from the initial bill that would have provided state vouchers for mandated training to modest-income Delawareans (those at or below 200% of the federal poverty guideline). This training expense could amount to hundreds of dollars. By eliminating the voucher program, it appears that low-income Delawareans now face an economic obstacle when trying to obtain a handgun.
The revised measure doesn’t just have an impact on the applicants, but also on the taxpayers. This comes with a hefty price tag, with one-time costs amounting to almost $2.7 million and ongoing annual costs expected to exceed $4.6 million. The Delaware State Police State Bureau of Identification (SBI) estimates that their workload will increase by 50,000 applications each year, which will involve tasks such as fingerprinting and conducting criminal history searches.
The bill proposes the addition of ten state police troopers to the bureau in order to manage the growing workload. During his testimony on the House floor, Secretary Nathaniel McQueen Jr. of the Delaware Department of Safety and Homeland Security emphasized that the State Police are already facing a shortage of staff. Currently, they are operating with only 51 officers, which is below their authorized allocation of 750 troopers.
House Republicans proposed five amendments, but unfortunately, they were all rejected, primarily due to partisan divisions. Among these amendments, one was put forth by State House Minority Whip Lyndon Yearick (R-Camden, Wyoming), aiming to streamline the background investigation process by leveraging technology and existing databases. Another amendment, also sponsored by Rep. Yearick, sought to enable permit-seekers to conveniently submit their applications and complete their training online.
State Representative Jeff Spiegelman (R-Clayton) proposed an amendment that aimed to provide exemptions for individuals in certain occupations who have already undergone firearms training and background checks. This exemption would apply to professions such as correctional officers, military personnel, and armored car guards.
House Amendment 7, sponsored by State Reps. Valerie Jones Giltner (R-Georgetown) and Mike Smith (R-Pike Creek Valley), aimed to provide an opportunity for individuals protected by a Protection from Abuse (PFA) or a No Contact Order to acquire a permit to purchase a handgun for self-defense, even before completing the necessary training. However, it was mandatory for them to complete the training within 180 days.
State Representatives Pete Schwartzkopf (D-Rehoboth Beach) and Sean Lynn (D-Dover West) acknowledged that the defeated amendments contained valuable components that could have enhanced the legislation. They believed that further refinement was necessary to fully address these proposals. However, despite recognizing the need for additional work, none of the 26 Democrats in the chamber supported a motion to table the bill temporarily for the purpose of conducting such revisions.
State Representative Rich Collins (R-Millsboro) expressed his belief that a lawsuit will ensue, referring to a similar law in Maryland that was recently deemed unconstitutional by a divided panel (2-1) of the Fourth Circuit Court of Appeals.
In the case of Maryland Shall Issue v. Moore in November 2023, the court ruled that the law was unconstitutional as it violated citizens’ right to “keep and bear arms” by limiting their access to handguns. Additionally, the court determined that the law effectively imposed a waiting period on individuals while their permit was being processed by the state.
The state constitution of Delaware (Article I, Section 20) offers enhanced protections that go beyond those provided by the federal constitution. It ensures that individuals in Delaware have the right to possess and carry firearms for the purpose of self-defense, protecting one’s family, safeguarding one’s home, and for activities such as hunting and recreational use.
In some states, approximately twelve of them, laws have been put in place that require individuals to obtain a permit before purchasing a firearm. Half of these states have a permit-to-purchase law that applies to any type of firearm, while the other half specifically targets handguns.
In a groundbreaking ruling, the U.S. Supreme Court decision of 2022 in New York State Rifle & Pistol Association v. Bruen has the potential to overturn all permit-to-purchase statutes. Although the case primarily focused on concealed carry permits, the ruling introduced a fresh approach to assessing the constitutionality of gun laws.
According to The Trace, a non-profit organization committed to covering gun violence, the majority of the court has set forth a guideline for lower courts to consider when assessing the constitutionality of gun regulations. Specifically, they have established a timeframe spanning 77 years, from the ratification of the Second Amendment in 1791 to the ratification of the 14th Amendment in 1868, which the Supreme Court has interpreted as extending the Bill of Rights to the states.
During that time, there seems to be a historical parallel to today’s permit-to-purchase laws, but it only affected one specific group: Black Americans. In 1828, Florida implemented a law that mandated formerly enslaved individuals to acquire a license from a justice of the peace in order to possess and carry a firearm. Delaware followed suit three years later. In 1865, as the Civil War was coming to an end, Mississippi passed a law that required free Black individuals to obtain a license from “the board of police of his or her county” in order to possess “firearms of any kind, or any ammunition.” In the same year, Louisiana mandated that Black residents needed police and employer approval if they wished to own a gun.
Rep. Yearick is calling on House Democrats who may be unsure about the bill to vote against it. He emphasizes the importance of their oath of office, which obliges them to protect and uphold the state and federal constitutions. He reminds his colleagues that these words hold significant meaning.
Supporters of the bill argue that it will play a crucial role in curbing gun violence. Delaware Attorney General Kathleen Jennings emphasizes the primary objective of the bill, stating, “The purpose of this bill is clear—to save lives.” She firmly believes that this legislation deserves to be enacted and expresses confidence in its constitutionality.
According to Ms. Jennings, this law is expected to reduce gun trafficking by 70%.
During the conversation, Rep. Yearick inquired about the proportion of individuals arrested for gun-related offenses in Delaware who were already legally barred from owning a firearm. Although Ms. Jennings was unable to provide a specific figure, she emphasized that her agency regularly dealt with cases involving individuals who were prohibited from possessing firearms.
A study conducted by Delaware’s Criminal Justice Council Statistical Analysis Center (Delaware Shootings 2020 – An Analysis of Incidents, Suspects, and Victims) revealed that out of the 158 individuals suspected of being involved in shootings in 2020, a significant majority (77%) had been previously arrested for a violent felony. Furthermore, 57% of these individuals had been arrested for at least three violent felonies. Among the 346 shooting victims, 73% had at least one prior violent felony arrest, with nearly 55% having three or more such arrests.
The report did not provide information about the number of convictions resulting from these previous arrests. However, it is important to note that individuals who are found guilty of violent felony offenses are not permitted to purchase firearms legally in Delaware.
The House approved the Permit-to-Purchase Bill with a vote of 23 to 16, while two members were absent. It is worth noting that all 23 votes in favor of the bill came from Democrats. On the other hand, the bill faced opposition from fourteen Republicans and two Democrats, namely State Representatives Bill Carson from Smyrna and Sean Matthews from Talleyville.
The bill, which has undergone amendments, will now return to the Senate for further voting. This crucial step is anticipated to take place in the upcoming week. It is highly likely that the bill will be approved in the Senate and subsequently sent to the governor, who has pledged to sign it.
Source: Delaware House Republican Caucus Press Release
The Delaware House Republican Caucus has issued a press release stating their stance on an important issue. In the press release, the caucus expressed their concern about the proposed legislation and its potential impact on the community. They highlighted the need for a comprehensive and balanced approach to address the issue, emphasizing the importance of considering all perspectives and potential consequences.
The caucus pointed out that while they recognize the importance of addressing the issue at hand, they believe that the proposed legislation is not the right solution. They argued that it lacks the necessary provisions to effectively address the concerns raised by the community. They further emphasized the need for an inclusive and collaborative approach to finding a solution that takes into account the input and concerns of all stakeholders involved.
In the press release, the caucus also expressed their commitment to working towards a viable and effective solution. They highlighted their willingness to engage in meaningful discussions and collaborate with their colleagues to find common ground. They stressed the importance of considering alternative approaches and exploring all available options to ensure that the final legislation is fair, balanced, and represents the best interests of the community.
Overall, the Delaware House Republican Caucus’s press release reflects their commitment to serving their constituents and their dedication to finding a comprehensive and balanced solution to the issue at hand. They underscored the need for open and transparent dialogue, highlighting their willingness to work with others to achieve a mutually beneficial outcome.
