Assault weapon ban fails in Senate
A bill that would have banned assault weapons in Delaware failed to be heard on the Senate floor June 19 when legislators voted against suspending rules.
Sen. Brian Townsend, D-Newark, asked for a floor vote to suspend rules for the bill that had failed to be released from committee. Two Democrats - Sen. Brian Bushweller, D-Dover, and Sen. Bruce Ennis, D-Smyrna - joined eight Republicans who opposed suspending rules needed in order for the full Senate to hear the bill. Republican senators Gerald Hocker, R-Ocean View, and Catherine Cloutier, R-Heatherbrooke, were absent for the 10-9 vote.
The Senate chamber was filled with both advocates for gun control and those who support gun owner rights. Gun supporters outside the chamber cheered loudly following the failed vote.
Townsend said he was disappointed the Senate refused to allow the bill onto the floor for debate. “This is a disservice to Delawareans on all sides,” he said. “In the past few months it's become sad to see the reality that there doesn't seem to be agreement that we can disagree on this legislation, yet still all be patriots.”
The bill would have prohibited the sale, transport, purchase, receipt or possession of 45 brand name assault long guns, 19 brand name pistols and also semiautomatic copycat weapons that can hold more than 10 rounds of ammunition. Brand names included Beretta, Colt and UZI.
President Pro Tempore Sen. Dave McBride, D-Wilmington Manor, said he was disappointed that Republicans refused to suspend rules, counting 40 times when the Senate has suspended rules to hear proposed legislation. In response, Sen. Colin Bonini, R-Dover, said he knew of no bills that had failed in committee, and were later heard by suspending rules.
In an interview before the vote, Sen. Ernie Lopez, R-Lewes, said bills brought up by suspending rules have gone through the proper committee process, and often need a slight change such as putting them into a different section of code. Lopez said he was against the assault weapon bill because of its constitutional limitations. “The bill couldn't withstand a challenge in Supreme Court,” he said.
Townsend said he expects Delaware Supreme Court to eventually decide on the constitutionality of the assault weapon ban. “We have buried an important piece of legislation that desperately deserves a public debate,” he said. “Some day we will have the debate. It should've been today.”
Other gun legislation
A bill that would strip a person of firearms if he or she is deemed a danger to themselves or others unanimously passed the Senate June 19 after receiving similar support in the House. It now awaits Gov. John Carney's signature to become law.
House Bill 222 allows a family member or law enforcement officer to obtain a lethal violence protection order prohibiting a person from owning, possessing or purchasing a firearm. The bill also prohibits the person from residing with others who possess firearms.
In the House, a bill that would allow deer hunters to use a handgun or pistol-caliber rifle during shotgun deer season passed 40-1. It now awaits consideration in Senate committee.
Still awaiting action in the Legislature are a bill that would prohibit large-capacity magazines and another that would raise the age from 18 to 21 for the purchase or transfer of a firearm or ammunition.
