Gun legislation moves quickly through Legislature

Legislation banning assault-style rifles, raising the age for firearm purchases, and prohibiting high-capacity ammunition-feeding devices was acted upon this week, moving closer to passage.

The gun legislation is part of a package that Gov. John Carney and Democratic leadership committed to making law before the General Assembly session ends June 30.

The ban on assault-style rifles was ready for a vote by the full House June 9, but there was no action on the bill before the Cape Gazette’s deadline. Known as the Delaware Lethal Firearms Safety Act of 2022, the bill would prohibit the manufacture, sale, purchase or possession of assault weapons in Delaware. Exceptions would be made for law enforcement, military and those who obtain the weapon before the bill becomes law. The act also directs the Delaware Department of Safety and Homeland Security to develop a procedure for issuance of a voluntary certificate of possession to show lawful possession of an assault weapon prior to the effective date of the act.

Both the assault-style rifle ban and a bill to raise the age to purchase a firearm from 18 to 21 were heard during a public hearing June 8.

Speaker of the House Rep. Pete Schwartzkopf, D-Rehoboth Beach, is a sponsor of the bill to raise the age to purchase firearms from 18 to 21. He said he had proposed a similar bill in 2018 following the Parkland shooting in Florida. That bill passed the House, but later stalled in the Senate.

The former Delaware State Police officer said he supports the Second Amendment, but the government needs to put laws in place and this law is needed.

“We are witnessing things in this country that I never thought we would ever see,” Schwartzkopf said. “There are some things we can put in place. Raising the age from 18 to 21 is one of them. We keep these kids [who] are still making bad decisions from making the ultimate bad decision of purchasing a gun and going and using it.”

Schwartzkopf said the bill prevents anyone under the age of 21 from buying a firearm, other than a shotgun, but they can still use the weapon as long as they are supervised by someone over 21. “Anybody under the age of 21 should be under the supervision of someone over the age of 21,” he said.

House Minority Leader Rep. Dan Short, R-Seaford, and Rep. Tim Dukes, R-Laurel, questioned the constitutionality of the gun bills, and both said prosecuting gun laws that are already on the books should be a priority.

“That’s a problem in our state when we’re not prosecuting gun charges,” Short said. “I think that’s one way we make a real stab at this.”

Dukes said there were plenty of warning signs leading up to the Uvalde, Texas shootings in which an 18-year-old male killed 19 students and teachers inside an elementary school. He was nicknamed “school shooter” because of his internet posts, and an ABC news report said the shooter had previously carried a bag of dead cats throughout the community.

“I think by doing a gun grab, we take a risk of not protecting ourselves,” Dukes said, adding more due diligence is needed before enacting more gun-control measures. “We rush into things so fast because we want to do something quickly.”

Speakers against the bills outnumbered those in favor nearly two to one.

Stevie Keeley of Wilmington spoke about how her family used assault-style rifles to defend their business in 2020 when more than a dozen looters tried to break into her property.

“You know what they were protected by? Long guns, semi-auto, a lot of the ones you have on that list, we used them to protect our family business,” she said. “We had full-sized pickup trucks ramming our buildings. The police were nowhere to be found … They physically could not get to us.”

Jeff Hague, president of Delaware State Sportsmen's Association, said 80% of gun crimes in Delaware are committed using handguns, not rifles.

“Nobody’s been shot or murdered with a long gun in Delaware in 15 years,” he said.

Others encouraged legislators to take action.

Amy Yarnell, one of several Moms Demand Action members who attended the hearing, said something has to be done to curb mass shootings.

“Passing this bill will reduce the chances of a similar shooting happening here,” she said. “Please use your power to make this state safer.”

Stephanie Ingram, president of the Delaware State Education Association, said deadly weapons should be kept out of the hands of young people. “Guns are getting into the hands of people who choose to walk into school and kill multiple people and educators,” she said. 

While action on the assault-style rifle ban was expected June 9, House Bill 451 to raise the age for firearm purchases moved out of committee, but is not yet on the House agenda.

Speaking about both bills, Short said he expects they will end up in court.

“I think this is going to divide us, and there’s no doubt there will be a lawsuit at the end of the day,” Short said.

Schwartzkopf said maybe it’s time to have a court ruling on gun legislation such as the assault weapons bill and his age restriction bill. “Instead of all of us wannabe lawyers, including me, sitting around saying it’s unconstitutional,” he said. 

After someone from the audience called out that it is, Schwartzkopf asked her if she is a lawyer. House majority leader and head of the Administration Committee Rep. Valerie Longhurst, D-Bear, warned the audience about further outbursts, and one man promptly left after she asked him to leave.

“My point is that there are two sides to this argument, and neither one of us knows which side is right. You think you're right. I think I’m right. I’m trying to put something in place in our state that will protect our kids and the people of our state,” Schwartzkopf said. “If we do nothing … and someone buys a gun at age 18 or 19 and does something horrible, I wouldn’t be able to live with myself.”

Ammunition bill passes Senate

Senate Bill 6 to limit high-capacity magazines passed the Senate June 7 by a 13-7 vote and now heads to the House for consideration. The Delaware Large-Capacity Magazine Prohibition Act of 2022 would prohibit the manufacture, sale, offer for sale, purchase, receipt, transfer or possession of an ammunition-feeding device with a capacity to accept more than 17 rounds of ammunition. Anyone violating this law would face a class E felony charge. The act also establishes a buyback program for large-capacity magazines, to be overseen by the Delaware Department of Safety and Homeland Security.

In other action, a bill that would strengthen background checks by reinstituting the Firearm Transaction Approval Program – House Bill 423 – was voted out of committee June 8 and awaits action by the full House.