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Depending on the source, ratings of Delaware gun-control laws differ dramatically
The Brady Campaign to Prevent Gun Violence currently grants Delaware a “C-” while the National Rifle Association awards Delaware an “A.”
New legislation on concealed weapon permits is set to put the First State to a stringent test, legislators say.
The bill, HB 359, has solid sponsorship in both chambers and is predicted to hit the House floor with a bang Thursday, March 16.
Dewey Beach resident and founder of the Brady Campaign, Sarah Brady opposes the new legislation.
“Both Jim and I are appalled. Hopefully, we will be able to convince legislators of the inherent dangers of this bill,” Sarah Brady said.
Lead sponsor Rep. Deborah Hudson, R-Fairthorne, said HB 359 will reform current law by removing the mandate that a citizen prove a need for a permit.
Instead, the state would have to provide a legitimate reason for denying the request.
HB 359, introduced March 14, would place the burden on the state by removing certain requirements. As long as an applicant successfully passes a criminal background check, completes a firearms instruction course and provides five character references, the presiding judge would issue the permit.
John Sigler, first vice president of the National Rifle Association and a Dover attorney, said 38 states already have similar legislation, so the new law would hardly put Delaware in the vanguard.
“Studies have shown a correlation between a drop in crime in states with the enactment of such laws,” said Sigler.
Advocates of the bill note that a judge could still deny a permit, but unlike current law, the judge would have to issue an opinion detailing the reason for the denial.
HB 359 does bar permit holders from carrying concealed weapons in specific places, such as schools and government buildings.
“What do those limitations do for our safety in daycare centers, grocery stores and on our highways?” asks Brady.
“We are proud to call Delaware home because of our governor making it a cleaner air state, a safer state, but this bill could make that all for naught,” she said.
The bill has bipartisan support in both chambers, with 32 of the General Assembly’s 62 legislators sponsoring the measure. According to House leadership, the state judiciary was consulted during the crafting of the bill.
Gov. Ruth Ann Minner has not offered explicit support but she did attend a NRA rally specific to the bill held in Dover in February.
The only Sussex County elected legislators not signed on to the bill are Senate Pro Tem Thurman Adams, D-Bridgeville, and Rep. Pete Schwartzkopf, D-Rehoboth Beach.
“I am a definite no vote,” said Schwartzkopf. “As a retired state trooper, I have stopped enough cars in the middle of the night to know some people should not be carrying concealed weapons. Delaware has the best court system in the nation - let them do their job in making these decisions,” said Schwartzkopf.
Lead sponsor Rep. Deborah Hudson, R-Fairthorne, said HB 359 seeks to change the current system that gives state judges total discretion over issuing permits, but judges would still play a key role in the process.
“Although the bill would reform the process, a law-abiding citizen wishing to get a concealed-weapon permit would still need to comply with several requirements,” said Hudson.
In Hudson’s view, the court retains all of its inherent powers to exercise discretion in determining whether an applicant meets the criteria to carry a concealed weapon. HB 359 also allows the expeditious processing of applications and renewals of existing and valid licenses, which would have to be granted or denied within 60 days of the date that the renewal application is submitted to the Delaware Prothonotary Office.
“The purpose of this bill is to further modernize Delaware’s concealed carry law and to bring it into conformity with the laws currently existing in a majority of our sister states,” said Hudson.
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