2017 (149th) Delaware General Assembly Bills

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  • adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,638
    DE
    Added

    SB117 - Airguns/Airbows/Pellet Guns for Hunting

    HB222 - Ex Parte Gun Confiscation :tdown::tdown::tdown:
    HB232 - New CDW Licensing Division and Process :tdown::tdown::tdown:
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,638
    DE
    NRA on HB222

    Delaware: Contact Your Lawmakers in Opposition to Radical Gun Seizure Legislation

    House Bill 222 would allow an individual’s family members or law enforcement to petition the court for an ex parte restraining order if they consider the individual to be a danger to themselves or others simply because the individual owns, possesses or purchases a firearm. Under this bill, an ex parte order would be issued by a judge based solely on a brief, unsubstantiated affidavit made by a petitioner and absent any input made by the individual on which the order is targeted. If enacted, this legislation would require the respondent to transfer or relinquish their firearms, or show proof that their firearms are inaccessible. If requested, all firearms would be immediately seized by law-enforcement. This legislation is ripe for abuse by individuals that disagree with the Second Amendment, and the mere insinuation that gun ownership makes you a danger to yourself or others is offensive and insulting.

    https://act.nraila.org/takeaction.aspx?AlertID=1765

    http://www.delawareonline.com/story...408245001/?from=global&sessionKey=&autologin=
     
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    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,638
    DE
    Added HB234 - Possession of a firearm with "personal use quantity" of marijuana does not escalate firearm possession with marijuana crime to a felony in DE in cases where MJ possession is a Civil Penalty. :shrug:


    This act clarifies that the felony of Possession of a Deadly Weapon by a Person Prohibited shall not apply to persons who are prohibited from possessing a deadly weapon solely by their possession of a personal use quantity of marijuana, when such possession qualifies as a civil penalty under Title 16. This bill addresses the legal issue in State v. Murray (Del. Super. 2017).

    THIS STILL DOES NOT SUPERCEDE FEDERAL LAW.
     

    Overboost44

    6th gear
    MDS Supporter
    Jun 10, 2013
    6,634
    Kent Island

    85MikeTPI

    Ultimate Member
    Jul 19, 2014
    2,726
    Ceciltucky
    Why did HB232 get 4 thumbs down from you adit? I heard last night that over 10,000 permit applications are awaiting approval through the DOJ that doesn't have the means to process them.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,638
    DE
    Why did HB232 get 4 thumbs down from you adit? I heard last night that over 10,000 permit applications are awaiting approval through the DOJ that doesn't have the means to process them.

    I think that 10,000 number is pure BS. Per the text of HB232:
    In 2016, alone, the Attorney General was required to conduct 8,522 background investigations

    I doubt there is any "backlog".

    The problem is up north. It always has been. My father had his permit in hand 8 days after he submitted his application (Sussex). At the same time permits were taking 3-4 months in New Castle County.

    Why was it taking 3-4 months? Because they (they being the anti's up north) can. :tdown:

    The new scheme politicizes the process. 4 out of the 7 (or 3/5) appointees can be registered Democrats. :tdown:

    Delaware is a "May Issue" state. Once politics get involved they can do what MD does. :tdown:

    They want to double the fees to "pay" for it. Nothing in the law prevents the (doubled) fees being collected from becoming a profit center for (the State or Commission) a constitutional right. :tdown:

    Recent (3/2017) Sussex app 18 days: http://deccw.com/index.php?topic=5005.0

    Recent (3/2017) Kent Co app turned around in 23 days: http://deccw.com/index.php?topic=5004.0

    Recent (4/2017) NCC app 6 weeks (fast for NCC): http://deccw.com/index.php?topic=5070.0

    Where is the problem? If you are the applicant, it's NCC. If you are getting $$ from Bloomturd it is in Kent and Sussex. You can only apply in the county you live in.

    Other possible ways to deal with the "supposed" backlog:

    1. Add a person to both Sussex and Kent County Prothontary offices and allow Delaware residents to apply in any county.

    2. Light a fire under the asses of the NCC Prothontary's office.


    What's to say the commission will be any more efficient than the Prothontary's Office?

    Reciprocity would now fall under the authority of this new Commission. Politics are in play here as well. :tdown:

    New bill calls for firing 150 shots. I think this is a bad idea. How many 50-80 year olds will be deterred by the thought of having to load and take that many shots in the short, range portion of the training class? Even 100 shots (under current law) is ridiculous IMHO. :tdown:

    The new bill requires "8 face-to-face hours of training". Why not 10, 16, or 4? Why not whatever it takes for each person in the class to grasp the topics covered? :tdown:

    The bill does add a DE Non-Res permit process. $150/$100renewal. The length of term (i.e. 3/5 years) for the DE NR permit is not in the bill. :thumbsup: You are probably still better off with a UT permit as long as reciprocity remains. Only persons (who work in DE or own property in DE) from surrounding states MD/PA/NJ (and hold a resident permit from said home state) can get said DE NR permit. :tdown:

    The bill does remove the "public notification" (via a newspaper) requirement. :thumbsup:

    The bill does not remove the required 5 citizens (from your same county) statements. :tdown:

    It's not mentioned, but I assume (since it is not specifically removed) you still have to get fingerprinted ($) by the DE State Police as part of the process. :tdown:

    The bill does require the permit itself to be upgraded from it's current cheap paper form to a "driver's license secure ID style". :thumbsup:

    Instructors now need to be annually licensed as such, $100/$75renewal fee. This adds more to the process, and to the applicants out of pocket costs (someone has to pay for it). They also must have a DE CDW permit as well to qualify as an instructor. :shrug:

    All Commission documents and records are private and not subject to FOIA. :thumbsup:

    The sponsor of this bill is a Dem with a supposed good rating (:shrug:) with the NRA. It has bipartisan support.

    Everyone has seen what happens in MD. DE's system works. I don't want to see it broken. I could pick it apart more but I think you get my drift.

    I wrote this same response 2 weeks ago when the bill was introduced but it got lost in a browser lockup issue. I was so pissed that I gave up for the evening and never got back to it.

    ----

    Is my analysis off? Please let me know. Maybe I'm crazy, or just playing the Devil's Advocate. :shrug:
     
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    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,638
    DE
    We made it through the 2017 (149th) Session unscathed. Keep in mind that the session is over a period of 2 years, so it will continue in 2018. The same bills still apply in the second session. Our work continues.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,638
    DE
    Adit, thanks for all the time and effort you put into this thread. I greatly appreciate it.

    My pleasure.

    Any comments on my post #27 above? Curious if I am missing anything or overreacting on something.
     

    Doco Overboard

    Ultimate Member
    I heard some numbers the other day on WGMD that ranked DE 49th in the nation for firearms per person. I did not hear what was declared as the least amount per capita nationaly. It was something like 4 guns per 1000 people if I am not mistaken but it was a ridiculous figure for the booming population. Concealed Nation in 2007 had something like a one to one average. Its the Dem-bot,ESM, Sussex takeover right before our eyes.
     

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