Delaware News

Measure that increases minimum jail sentences for illegal possession of guns advances in General Assembly

News | Date Posted: Thursday, June 20, 2013



Dover – The House of Representatives this evening passed legislation that increases minimum prison sentences for convicted felons who are subsequently convicted of possessing a gun.  House Bill 36, introduced by Representative Ruth Briggs King, R-Georgetown and strongly supported by Attorney General Beau Biden, doubles the mandatory jail sentences for repeat offenders later caught with a gun and increases additional mandatory sentences for the illegal possession of a gun.

“This legislation will help prevent violent crime by imposing significantly longer prison sentences on criminal who are prohibited from possessing weapons but who continue to carry them anyway,” Attorney General Biden said.

Representative Briggs King said tonight after the House approved the measure, “From the start of this session, I have been working for increased penalties for firearms violations.  I have been saying all along that if we want to make an impact on Delaware’s crime rate, House Bill 36 is a very good start.  By passing this legislation, we are sending a strong message to the criminal that they will, without question, face stiff jail time if they use a gun.”

Under current law, persons prohibited under the law from possessing guns who are subsequently convicted of possessing or purchasing a gun face minimum mandatory jail sentences of 1 year if the offender was previously convicted of a violent felony; 3 years if the offender committed a previous violent felony within 10 years; and 5 years if the offender was previously convicted of 2 or more violent felonies.  House Bill 36, introduced by Representative Ruth Briggs King, R-Georgetown, increases those minimum mandatory jail sentences to 3 years if the offender was previously convicted of a violent felony; 5 years if the offender committed a previous violent felony within 10 years; and 10 years if the offender was previously convicted of 2 or more violent felonies. 

Today’s vote follows yesterday’s passage of another gun violence prevention bill, House Bill 73, which includes juvenile adjudications for violent felonies in triggering minimum prison sentences for convicted felons caught with a gun who are subsequently found with a gun.  Although juveniles found guilty of violent felonies are prohibited from possessing a gun, those juvenile “adjudications” under current law do not counts as convictions that would trigger minimum jail sentences if they are later convicted of a gun offense.  Under HB 73, those juvenile “adjudications” would trigger the minimum mandatory jail sentences that would increased under the measure passed today.

HB 36 now makes it way to the Senate for consideration.

# # #

image_printPrint


Graphic that represents delaware news on a mobile phone

Keep up to date by receiving a daily digest email, around noon, of current news release posts from state agencies on news.delaware.gov.

Here you can subscribe to future news updates.

Measure that increases minimum jail sentences for illegal possession of guns advances in General Assembly

News | Date Posted: Thursday, June 20, 2013



Dover – The House of Representatives this evening passed legislation that increases minimum prison sentences for convicted felons who are subsequently convicted of possessing a gun.  House Bill 36, introduced by Representative Ruth Briggs King, R-Georgetown and strongly supported by Attorney General Beau Biden, doubles the mandatory jail sentences for repeat offenders later caught with a gun and increases additional mandatory sentences for the illegal possession of a gun.

“This legislation will help prevent violent crime by imposing significantly longer prison sentences on criminal who are prohibited from possessing weapons but who continue to carry them anyway,” Attorney General Biden said.

Representative Briggs King said tonight after the House approved the measure, “From the start of this session, I have been working for increased penalties for firearms violations.  I have been saying all along that if we want to make an impact on Delaware’s crime rate, House Bill 36 is a very good start.  By passing this legislation, we are sending a strong message to the criminal that they will, without question, face stiff jail time if they use a gun.”

Under current law, persons prohibited under the law from possessing guns who are subsequently convicted of possessing or purchasing a gun face minimum mandatory jail sentences of 1 year if the offender was previously convicted of a violent felony; 3 years if the offender committed a previous violent felony within 10 years; and 5 years if the offender was previously convicted of 2 or more violent felonies.  House Bill 36, introduced by Representative Ruth Briggs King, R-Georgetown, increases those minimum mandatory jail sentences to 3 years if the offender was previously convicted of a violent felony; 5 years if the offender committed a previous violent felony within 10 years; and 10 years if the offender was previously convicted of 2 or more violent felonies. 

Today’s vote follows yesterday’s passage of another gun violence prevention bill, House Bill 73, which includes juvenile adjudications for violent felonies in triggering minimum prison sentences for convicted felons caught with a gun who are subsequently found with a gun.  Although juveniles found guilty of violent felonies are prohibited from possessing a gun, those juvenile “adjudications” under current law do not counts as convictions that would trigger minimum jail sentences if they are later convicted of a gun offense.  Under HB 73, those juvenile “adjudications” would trigger the minimum mandatory jail sentences that would increased under the measure passed today.

HB 36 now makes it way to the Senate for consideration.

# # #

image_printPrint


Graphic that represents delaware news on a mobile phone

Keep up to date by receiving a daily digest email, around noon, of current news release posts from state agencies on news.delaware.gov.

Here you can subscribe to future news updates.