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Assault weapon ban could still get vote

Senate leader vows to ask for suspension of rules for bill to reach floor
June 18, 2018

A bill to ban assault weapons that is stalled in committee could be heard by the full Senate June 19, if Senators agree to a suspension of rules.

President Pro Tempore Sen. David McBride, D-Wilmington Manor, said that he would ask the full Senate for a vote to suspend procedure so that members could address Senate Bill 163 - a bill that would ban assault weapons in the state.

“It’s plain to anyone paying attention that there is a great deal of public interest in this legislation, on all sides. It is every senator’s prerogative to support or oppose any bill; but when an issue like this garners such an extraordinary level of interest and passion, every senator should also have the opportunity - if not the responsibility - to have their positions on the record.” McBride said in a statement read June 14 to the full Senate. “It is therefore my intent for the Senate to consider this legislation on the floor as soon as we return to session Tuesday. It’s my hope that we will have a committee report available at this time, but in any event this is a critical issue and it will be considered Tuesday.”

However, there is no committee meeting scheduled before June 19 to address the bill that failed to gain support June 6 to be released from the Senate Judicial and Community Affairs Committee. Committee members senators Minority Whip Greg Lavelle, R-Sharpley, Dave Lawson, R-Marydel, and Bruce Ennis, D-Smyrna, did not take action on the bill in order for it to reach a full vote in the Senate.

In a statement following the bill’s failure to move out of committee, Lavelle said he could not support the bill in committee because it clearly violates article 1, section 20 of the Delaware Constitution. Delaware’s Constitution goes beyond the U.S. Constitution’s 2nd Amendment right to bear arms by stating, “A person has the right to keep and bear arms for the defense of self, family, home and state, and for hunting and recreational use.”

Lavelle said he was concerned that even if current gun owners were grandfathered in to own guns under an assault weapon ban, there is no way for those gun owners to prove they bought or acquired their firearms legally.

The assault weapon ban is among several gun-related bills awaiting action as the final two weeks of Delaware’s 149th Legislative session wind down.

Bills include raising the age to sell, give or transfer a firearm from 18 to 21, preventing a person for possessing or owning a weapon if family members or law enforcement has a concern and prohibiting large-capacity magazines.

A bill prohibiting bump stocks, which can turn a rifle into an automatic weapon, was signed into law by Gov. John Carney after the House passed the bill June 14.

 

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