Governor thanks law enforcement, advocates for their support and lawmakers for passing bill requiring background checks in connection with virtually all gun sales

 (Dover, DE)  Surrounded by law enforcement, advocates for gun safety and lawmakers from both parties, Governor Jack Markell today signed House Bill 35, the most significant piece of gun safety legislation in Delaware in decades.

House Bill 35, which goes into effect July 1,  closes a loophole in state law by requiring background checks in connection with the sale or transfer of firearms between private parties.  The bill includes several exceptions,  such as transfers to immediate family members, qualified law-enforcement officers and certain short-term transfers to persons personally known to the owner.  

“Thanks to your hard work, your dedication, and your passion, today we are closing the private sale loophole once and for all,” said Delaware Governor Jack Markell. “No longer will we have 2 different markets for the sale of firearms – a regulated market for dealers, and an unregulated market for everyone else.  No longer will our laws draw a meaningless distinction between dealers and non-dealers when it comes to requiring background checks.  And no longer will we tolerate a system that too easily allows criminals to acquire guns and commit more crimes.   You made this happen – each and every one of you.”

Since the 1990s, both Delaware and federal law have required licensed dealers to perform background checks on prospective buyers.  But before HB 35, no background check was required for gun transfers not involving licensed dealers.  This was an enormous loophole—one in which convicted felons, persons who committed to mental institutions and other “prohibited persons” could readily avoid background checks and more easily acquire guns.

Under HB 35, background checks will be performed by licensed firearms dealers. Dealers would be required to maintain records of such background checks in accordance with state and federal law. 

At least 6 times since 1990, the General Assembly has considered legislation to address the private sale loophole.  None of those bills ever made it to a floor vote.  House Bill 35 was unveiled by the Gov. Markell, Lt. Gov. Denn, Attorney General Biden and former Congressman and Governor Mike Castle at a news conference in March.

“I said in January that we weren’t going to bury our heads in the sand and pretend that we could address gun violence without talking about guns.  And now we have taken a giant step in the right direction.  This is as basic as it gets: keep guns out of the hands of people who we have already agreed shouldn’t have them,” said Matt Denn, Lieutenant Governor.

“Expanding background checks will keep more guns away from criminals and others who should not have them,” Attorney General Beau Biden said.

 “This is a change that’s been a long time coming,” said Senator Harris B. McDowell III, D-Wilmington North, who was an early leader in the move to require background checks in an effort to close the gun show loophole. “By passing this we’re not only making Delaware safer, we’re helping build the momentum that we all hope will spur Congress to what’s needed and act on this common sense measure at a national level.”

 Nicole Hockley, mother of 6 year old Dylan who was murdered at Sandy Hook Elementary School in Newtown, Connecticut on December 14, 2012 was one of four Sandy Hook family members at the bill signing.  Hockley  and others traveled to Delaware to meet with state legislator to discuss ways to strengthen Delaware’s gun laws.

 “I am committed to doing all I can to make sure no other parent or family has to go through what I had to go through, or other parents of Sandy Hook are going through or what nearly 4000 families are currently going through as a result of deaths from gun violence just since December 14^th,” said Nicole Hockley.  “The legislation will spare Delaware families unimaginable heartache and will save lives without interfering with anyone’s second amendment constitutional rights.   I applaud Delaware for taking this important step forward.”

House Majority Leader Rep. Valerie Longhurst, who was the lead sponsor of the background checks bill, thanked the families from Newtown for attending and turning their personal tragedies into a force for positive change.

 “Your presence reminds us why we took up this legislation in the first place. You remind us that after all the criticism – some constructive, some not so – it was well worth it, especially if we can help prevent future gun violence,” said Rep. Longhurst, D-Delaware City. “This background check bill is one step toward addressing gun violence in our society. The supporters of this legislation understand that one bill – or a dozen new laws – is not going to eliminate incidents like this. But to sit and do nothing, to make excuses and refuse to work together to find a common ground, is inexcusable. We are taking one small step forward today, and I hope that it is not our last.”

Persons who violate HB 35 will be guilty of a class A misdemeanor for a first offense.  Any subsequent offense is a class G felony.

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Links to previous gun safety-related news releases this session:

Governor Markell, Lt. Gov. Denn, AG Biden Join Forces to Unveil Responsible Gun Safety Proposals

https://news.delaware.gov/2013/01/14/governor-markell-lt-gov-denn-ag-biden-join-forces-to-unveil-responsible-gun-safety-proposals/

Governor Markell, Lt. Gov. Denn, AG Biden Unveil Bill to Require Reporting of Lost, Stolen Firearms

https://news.delaware.gov/2013/02/20/governor-markell-lt-gov-denn-ag-biden-unveil-bill-to-require-reporting-of-lost-stolen-firearms/

Former Congressman and Governor Mike Castle Joins Governor Markell, Lt. Gov. Denn and AG Biden to Unveil Background Check Bill

https://news.delaware.gov/2013/03/06/former-congressman-and-governor-mike-castle-joins-governor-markell-lt-gov-denn-and-ag-biden-to-unveil-background-check-bill/

House Passes Background Check Bill

https://news.delaware.gov/2013/03/29/house-passes-background-check-bill/

Delaware Becomes 11^th state in the country to allow same-sex couples to marry

DOVER – Joined by legislators and community advocates on the steps inside Legislative Hall, Governor Jack Markell signed legislation to allow same-sex couples to marry, making Delaware the 11^th state in the country to legalize same-sex marriage. Receiving bi-partisan support, House Bill 75 passed in the Senate today by a vote of 12 to 9. It had previously passed the House of Representatives last month by a vote of 23-18.

“Today, we wrote a new chapter in our history and proved, once again, justice and equality continue to move forward in Delaware,” said Governor Markell. “In my State of the State earlier this year, I spoke about a Delaware that protects the rights of all of its citizens, no matter whom they love. By signing House Bill 75 into law, we are another step closer towards achieving that goal.”

“Today the state Senate did the right thing,” said Lt. Governor Denn. “Twenty years from now, our kids will wonder why it was ever an issue.”

The bill, introduced by Rep. Melanie George Smith (D-Bear/Newark) and Sen. David Sokola (D-Newark), along with co-prime sponsors Speaker of the House Pete Schwartzkopf (D-Rehoboth), House Majority Leader Rep. Valerie Longhurst (D-Bear), and Senate President Pro Tem Patricia Blevins (D-Elsmere), expands upon landmark legislation signed into law two years ago, in which Delaware became one of only a handful of states to allow same-sex civil unions and fully recognize same-sex relationships.

“This is about the full respect and dignity that comes with marriage,” said Sen. Sokola. “I’m pleased we have passed legislation granting equal justice under the law to loving couples in same-sex relationships.”

By signing HB75 into law, Delaware establishes civil marriage equality for all families by allowing two persons to marry regardless of their genders, to recognize same-gender marriages and substantially similar legal unions solemnized outside of Delaware as marriages, to convert existing civil unions previously solemnized in Delaware to civil marriages, and to clarify that persons in a same-gender marriage shall enjoy all the rights, benefits and protections, and shall be subject to all the same responsibilities, obligations and duties as different-gender married persons under Delaware law.

“In Delaware, we do what is right for our citizens. We don’t wait for other states. We don’t wait for the federal government. As legislators, we act right here in Delaware for our citizens,” said Rep. Smith. “This bill is about equality and treating all couples in a loving, committed relationship with equal respect and dignity. It protects religious freedom by giving churches the freedom to choose whether to marry a same-sex couple or not.”

The law establishes procedures for the conversion of existing civil unions to marriages, and explicitly protects religious freedom. No clergyperson or minister of any religious denomination will ever be required to perform any marriage, including a same-sex marriage, that does not conform to his or her religious beliefs. It also explicitly protects the freedoms of religion and speech of all persons as guaranteed under the United States and Delaware Constitutions.

“This is an important day for Delawareans and ensuring equality for all of our citizens,” said Senator Blevins. “Granting couples – regardless of their sexual orientation – the right to marry the person they love is another important step toward ushering in the equal treatment all Americans should enjoy.”

“It has been a long road,” said Speaker of the House, Pete Schwartzkopf (D-Rehoboth).  “I have been working on this for ten years and many more have been working on equality for all Delawareans for a lot longer.  It’s a great day to be in Delaware.”

The issue of same-sex marriage in Delaware – and across the country – has seen widespread support during this most recent debate. The President and Vice President of the United States voiced their support, as well as Delaware’s full federal delegation. Locally, recent polling indicated 54 percent of state residents back marriage equality. Equality Delaware, a statewide organization working to ensure and promote dignity, safety, and equality for all lesbian, gay, bisexual, and transgender Delawareans, built a broad-based coalition to advocate for the bill. The organization earned support from faith leaders such as Episcopal Bishop Wayne Wright and Dr. Donald Morton, organizations like the Delaware NAACP and the state’s four leading labor unions, and businesses like DuPont.

“Today’s vote for marriage equality makes Delaware a place where all loving couples are treated equally under the law,” Lisa Goodman, President, Equality Delaware, Inc. “I have never been prouder to be a Delawarean than I am today.”

Entitled the Civil Marriage Equality and Religious Freedom Act of 2013, it becomes effective on July 1, 2013.

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Video from the bill signing is available on YouTube.

Video from a Google+ Hangout following the bill signing is also available on YouTube.

TEXT OF GOVERNOR’S STATEMENT FROM  MARRIAGE EQUALITY BILL SIGNING CEREMONY

I know many of you here today, and many up and down our state, have waited years and decades for this day to come.  I know many of you know others who had hoped for years and decades to see this day come, but who passed before their right to marry the one they loved was recognized by the state they called home.  I do not intend to make you wait a day longer.

It is in moments like this that it is truly humbling to hold this office.  I spoke in my Inaugural Address in January about great Delawareans who have changed history and made our state better for generations to come.  Those of you who have worked tirelessly for years to make today possible, who started working to make this day possible before today was even imaginable, have joined the ranks of those great Delawareans.  You have advanced the cause of liberty, equality, and dignity in our time.

It has taken us time to know and recognize what the children of gay and lesbian parents in committed relationships have long known – that the people they love and look up to, who have dedicated their love and lives to raising them, are their parents, are there family.  By extending the dignity of marriage to their parents’ relationships, we recognize what they know – that they and their parents are family – in terms that are unmistakable and undeniable.

Marriage equality would not have become a reality here in Delaware were it not for the extraordinary efforts of Equality Delaware, under the amazing leadership of Lisa Goodman and Mark Purpura.  They are passionate advocates, consummate professionals and, most important of all, kind and decent people.  They exemplify the virtues of active citizenship in a state of neighbors.

Marriage equality also would not have become a reality in Delaware without the courageous and principled leadership of Representative Melanie George Smith, Senator David Sokola, the Pro Tem, and the Speaker.

It is my distinct honor today to sign this legislation into law – to make marriage equality the law of Delaware.  Delaware should be, is and will be, a welcoming place to live, love, and raise a family for all who call our great state home.

Thank you.

Governor thanks General Assembly for passing bill requiring background checks in connection with virtually all gun sales

(Dover, DE)  Following the passage of House Bill 35 by the Delaware Senate by a 13-8 margin, Governor Jack Markell today thanked members of the General Assembly for their leadership in passing the most significant piece of gun safety legislation in Delaware in decades.

Under existing law, when a licensed dealer sells a firearm, he or she must perform a background check on the potential buyer. But when the sale does not involve a licensed dealer, no background check is required.  House Bill 35 closes this loophole by requiring background checks in connection with the sale or transfer of firearms between private parties.  The bill includes several exceptions, such as transfers to immediate family members, qualified law-enforcement officers and certain short-term transfers to persons personally known to the owner.

“For too many years, criminals and other ‘persons prohibited’ have been able to avoid background checks and exploit a loophole that allowed them to easily acquire firearms,” said Governor Markell.  By passing this legislation, we will close this loophole once and for all.  I want to thank the members of the General Assembly for passing this important legislation.  Delaware will be a safer place as a result of this bill.”

At least 6 times since 1990, the General Assembly has considered legislation to address the private sale loophole.  None of those bills ever made it to a floor vote.

“House Bill 35 is an important step toward ensuring that we minimize the number of gun tragedies in Delaware, by keeping guns out of the hands of people who we all agree should not have them. I am proud of the Senate – and the entire General Assembly – for passing this important piece of legislation,”  said Matt Denn, Lieutenant Governor.

“I want to congratulate the General Assembly for recognizing that background checks are an essential law enforcement tool that has stopped 2 million individuals nationally, primarily felons, individuals convicted of domestic violence crimes, and fugitives, from purchasing firearms since 1994,” said Attorney General Beau Biden, who worked on implementing the federal Brady background checks when he was a lawyer at the U.S. Department of Justice in the 1990s.  “Expanding background checks is critically important to protecting the safety of our children, our communities, and our state.”

House Majority Leader Representative Valerie Longhurst, who was the lead sponsor of the bill, agreed to numerous amendments to tighten the bill in response to concerns and ideas from Delaware gun owners. Despite those concessions and efforts at compromise, the NRA still opposed the bill and lobbied against it.

“We saw Congress earlier this week put a special interest group ahead of nearly 90 percent of the country. I want to thank all the representatives and senators who didn’t succumb to pressure and put public safety – and the support of nearly 90 percent of Delawareans – above the lobbying efforts of the NRA,” said Representative Valerie Longhurst, D-Delaware City. “Background checks have stopped thousands of persons prohibited from buying firearms at gun stores in Delaware.  This bill will close the loophole that allows those people to go to a private gun seller and buy a firearm and help keep guns out of the hands of people who should never have the chance to purchase them.”

“This is good, common sense legislation that has been a long time in the making,” said Senator Harris B. McDowell III, D-Wilmington North, the measure’s lead Senate sponsor. “I appreciate the leadership of the governor and of Representative Longhurst in being willing to step up, take on the gun lobby and prevail on an issue that ultimately makes Delaware a safer place.”

There have been 6 bills since 1990 to address the private gun sale loophole.  None of them even made it to a vote in either chamber of the General Assembly.

The bill was unveiled by the Governor during a news conference with former Congressman and Governor Mike Castle last month.   It passed the House in March by a vote of 24-17.

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Video from the event is available online.

U.S. Education Secretary Arne Duncan visits, highlights President Obama’s Preschool for All proposal

Wilmington, DE – Governor Jack Markell and Lt. Governor Matt Denn presented a long-term, strategic plan today to strengthen and sustain Delaware’s early childhood system. Developed by the Delaware Early Childhood Council, the plan focuses on whole-child development, family engagement and community collaboration to reach milestones and meet established goals over the next five years.

“One of the most important investments we can make is in our state’s youngest children,” said Governor Markell.  “Our vision is to create the nation’s finest early childhood system where quality programs prepare all of our  children for success in a competitive, global economy.  Early childhood development is fundamental not only to later educational success but virtually all facets of a child’s health, prosperity and quality of life.  Studies show:  children receiving quality early care and education are more likely to be successful in school, become better citizens, earn greater wages, contribute more to their communities and require government support.  Education is not only our moral obligation – our state’s economic future depends on it.”

The plan includes four strategic goals:

1.  A Healthy Start for All Children: create an environment where Delaware children become the healthiest in the nation– physically, emotionally, and behaviorally.

2.  High-Quality Early Childhood Programs and Professionals: provide all Delaware children with access to high-quality early childhood programs and professionals.

3.  An Aligned and Effective Early Learning System, Birth Through Third Grade: create a system that enables all children to arrive at school ready and eager to succeed and prepares K-12 schools to further enrich their early learning.

4.  Sustainable System Improvement: develop and sustain policies, programs and partnerships that address the comprehensive developmental needs of all children.

“There is work going on in classrooms all over this state that is not only exciting, but also critically important,” said Lt. Governor Denn. “We are creating a comprehensive early childhood system that serves all children and families in our state and, in doing so, Delaware has the opportunity to change the future in a fundamental and enduring way – to impact the lives of children and their families for generations to come.”

Accompanying the four strategic goals are strategies and objectives for implementation.  They include: strengthening young child developmental screening and access to health services; ramping up participation in Delaware Stars, the state’s quality rating and improvement system for early childhood providers; offering professional development and wage enhancements for early childhood teaching professionals; and building bridges between the early childhood system and the K-12 system using cross sector professional development and the Delaware Early Learner Survey at Kindergarten entry.

“This strategic plan charts a clear path for us to follow,” said Jennifer Ranji, Secretary of the Department of Services for Children, Youth and Their Families.  “This work has intensified in focus and momentum in recent years and this plan will further accelerate that activity.  If we help children succeed when they’re young, we can make the hurdles they face more surmountable and their full potential achievable.  We owe them our best efforts.”

“This initiative is about community ownership,” added Dan Rich, Chairman of the Delaware Early Childhood Council. “Mobilization of partnerships across all sectors is the key to sustainability.  This strategic plan was developed over the last year by the Delaware Early Childhood Council with the participation of hundreds of stakeholders across the state. The Interagency Resources Management Committee (IRMC) with the enthusiastic support of all three relevant Cabinet Secretaries – Children’s Department Secretary Jennifer Ranji, Education Secretary Mark Murphy and Health and Social Services Secretary Rita Landgraf then recommended the plan to the Governor.  We are grateful for the participation of our partners and their commitment to our implementation efforts going forward.”

Today’s unveiling occurred immediately following a visit by U.S. Education Secretary Arne Duncan, who toured St. Michael’s School and Nursery to observe its early learning program. He also joined the Governor, Lt. Governor and Delaware’s Congressional delegation to highlight President Obama’s Preschool for All proposal to expand access to high quality preschool for all children. The President’s 2014 budget proposes $75 billion over 10 years to create new partnerships with states to provide high-quality preschool for all four-year olds. Funding would be provided to states and distributed to local school districts, or local school districts in partnership with other early learning providers, to offer high-quality preschool programs. An additional $750 million would provide competitive grants to states to strengthen their early learning systems.

“Under the leadership of Governor Markell, his education team and many others across the state, Delaware is setting a high bar for educational achievement and better outcomes,” said U.S. Sen. Tom Carper. “Focusing on early education is fundamental to student success and building a first-class workforce that is ready to take on the challenges of the 21^st century.”

“In child after child, we’ve seen proof that early education results in kids who are better prepared for the classroom and ultimately more successful in school and in life,” U.S. Sen. Chris Coons said. “Developing and implementing a long-term strategic plan shows real leadership and commitment to investing in our kids and ensuring they have every opportunity to succeed. When we invest in our kids, we invest in our own future.”

Building a strong foundation for Delaware’s education system is a top priority for this administration. In 2011, with the support of the General Assembly, the State invested $22M in early childhood education.  Later that year the state won an additional $50M in the federal Early Learning Challenge grant competition that will allow Delaware to significantly increase the number of early childhood programs participating and attaining the highest levels of quality in Delaware Stars – the state’s quality rating and improvement system for early childcare and education programs. Those funds will also support efforts to grow the percentage of low-income children in child care enrolled in quality-rated early learning programs. In addition, an annual investment of $1.9 million will allow 10,000 Delaware students to participate in Delaware’s World Language Immersion Program over the next decade. Students enrolled in the program spend half their school day learning science, social studies and math in either Mandarin Chinese or Spanish.

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Photos from today’s events are available on Flickr.

Asking Houses of Worship to Identify Possible Foster Families

DOVER, Del., (Friday, March 15, 2013) – This weekend, Lt. Governor Matt Denn will visit with clergy and church members to continue talking about his Faith, Family & Foster Care Initiative.

Saturday – City of Wilmington and Dover (see information below)
Sunday – New Castle (see information below)

Right now in Delaware, there are more than 850 children in foster care and only 400 foster families available for placing these children.  The Lt. Governor’s goal is to help find a family that is the best fit for each child, based on that child’s social, emotional, and physical needs, as well as geographical and educational situations.  To do that, Delaware needs to significantly increase the number of families that provide foster care/become foster parents for Delaware’s children.

“That is where our faith community comes in,” says Lt. Governor Denn.  “Most of our religious denominations have as one of their central tenets, ‘the care of the most vulnerable among us.’  Caring for foster children captures all of what Micah told us were the core demands on people of faith:  to do justice, love kindness, and walk humbly with your God.  So we believe that we will find in Delaware’s houses of worship many families willing to step up, take on what we acknowledge to be a real challenge, and help these kids.”

The Lt. Governor is asking congregations in Delaware to find a family from its midst that would be willing to explore being a foster family.  If even a fraction of our state’s congregations take part in this “Faith, Family & Foster Care” initiative, we will dramatically increase the number of foster parents in our state.  And that, in turn, will make a real difference in the lives of these foster children. These children deserve no less than the caring and support of a loving family.

The Lt. Governor has a locally-produced five minute video featuring foster and adoptive families, and foster care recipients that is being shared with the faith community all over Delaware.  The video is available on the Lt. Governor’s website at http://ltgov.delaware.gov .  In addition, information about becoming foster parents is posted so those interested can see what the responsibilities are and contact the Division of Family Services for further assistance.  DFS will then work with prospective foster parents to connect them with an appropriate participating agency.

Lt. Governor Denn routinely visits houses of worship throughout the state.  If you are interested in learning more about the Lt. Governor’s “Faith, Family & Foster Care” initiative, please call 302-744-4333 for more information or to schedule a visit.

SATURDAY, 3/16

9:00am – 9:30am       CONSEJO PASTORAL DE
403 N. DuPont Street
Wilmington

This is the monthly meeting of COPAD, the statewide group of Latino pastors.

5:00pm – 5:30pm       IMA Agape Banquet
Modern Maturity Center
1121 Forrest Avenue
Dover

This is a gathering of more than ten churches to honor members and their houses of worship for services in their church and community.

SUNDAY, 3/17

10:30am – 12:00pm   Seeds of Greatness Ministries
190 Quigley Boulevard
New Castle
(across from NC Farmers Market)

The Lt. Governor will deliver remarks during the 10:30 service.  There are a few families at Seeds of Greatness who are already involved as foster families.