Governor Carney’s Statement on Final Passage of Beau Biden Gun Violence Prevention Act

DOVER, Del. – Governor John Carney and Lieutenant Governor Bethany Hall-Long issued the following statements on final passage of the Beau Biden Gun Violence Prevention Act:

“This legislation – one piece in a package of comprehensive gun safety reform – takes responsible steps to protect Delaware communities by keeping firearms away from those who pose a danger to themselves or others,” said Governor John Carney. “This is commonsense, bipartisan reform that will make our state safer, while protecting the due process rights of all Delawareans. This legislation also will ensure that Delaware’s health professionals and law enforcement are working more closely together when it comes to the issue of gun safety. Thank you to Representative Bentz, Senator Henry, and all members of the General Assembly from both parties for their leadership on this issue. I look forward to signing this important piece of legislation, and I would urge all legislators to take additional action on gun safety reform that will make our state safer.”

“Today Delaware moved a step closer toward protecting our communities and our schools from those who pose a danger to themselves and others,” said Lieutenant Governor Bethany Hall-Long. “We must work together to remove guns from those who are too dangerous to possess them. Beau Biden realized that and took action. I was proud to work with Beau and supported this legislation when he introduced it in 2013. I thought it was necessary then, and I think it’s imperative now, that we do all we can to remove guns from these individuals and get them the mental health treatment they need.”

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DETAILS OF THE LEGISLATION:

The Beau Biden Gun Violence Prevention Act would add the following individuals to the list of persons prohibited from owning a firearm:

Any person who has been committed to a hospital for treatment of a mental condition.
Perpetrators of violent crimes who have been found:
- Not guilty by reason of insanity;
- Guilty but mentally ill;
- Mentally incompetent to stand trial.

Those individuals are currently not prohibited from owning firearms under current law. The legislation also would require health professionals to report to law enforcement anyone they believe presents a danger to themselves or others. Appropriate law enforcement agencies must then investigate – and may seek a court order to require individuals to relinquish firearms, if they are found to present a danger.

The legislation also allows affected individuals to appeal orders to the Supreme Court, and petition to have their firearms returned.

Click here to learn more about Governor Carney’s call for comprehensive gun safety reform.

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Governor Carney Signs House Bill 174, Strengthens Penalties on “Straw Purchases”

Senator McDowell, Rep. Mitchell legislation makes jail time more likely for purchasers of illegal guns

DOVER, Del. – Governor John Carney signed legislation on Wednesday alongside members of the General Assembly, law enforcement and gun safety advocates, that strengthens penalties for illegal purchases of firearms, deterring “straw purchases” by making jail time more likely for the offender.

In 2013, Delaware became the eighth state to require that gun owners report lost or stolen weapons to police. Today, Delaware has taken additional steps to confront illegal transfer of weapons. The legislation, sponsored by Senator Harris McDowell and Representative Larry Mitchell, raises the first offense of purchasing or obtaining a firearm for someone not legally qualified to own, possess or purchase one from a Class F to a Class E Felony.

“This legislation takes necessary steps to toughen the penalties for purchasing a gun illegally,” said Governor Carney. “This passed with support from both parties, emphasizing our state’s commitment to confronting the issue of gun violence. I look forward to continuing to work with the General Assembly on this issue to make communities across our state safer.”

“Straw purchasers are circumventing the laws that we have set up to interdict illegal firearms,” said Senator Harris McDowell. “We have to stop them if we are going to keep our families, neighborhoods, and law enforcement officers safe. Anyone who would purposefully buy a firearm with the intent to put it in the hands of a dangerous criminal deserves to face charges that not only fit the crime, but also make clear that nobody is above the law. I think we have done that with this bill, and I am proud to have sponsored it.”

“Reducing gun violence throughout Delaware requires a multi-pronged approach. There is no single effort that will solve the problem, so we have to be open to several different efforts,” said Representative Larry Mitchell. “Studies into gun-trafficking cases have shown that straw purchases are a huge part of the problem – nearly half of gun-trafficking cases involved straw purchases. If people know that significant jail time is more likely, we can hopefully reduce these crimes before they occur.”

“Every step we take to prevent gun violence in Delaware is a step in the right direction. Every step is meaningful,” said Dennis Greenhouse, Chair of the Delaware Coalition Against Gun Violence. “The Delaware Coalition Against Gun Violence applauds this legislation and the bipartisan support it received in the General Assembly. Making our communities safer is a goal we can all unite behind.”

“The Delaware State Police stands with the Governor and members of the General Assembly in support of this legislation as it specifically focuses on increasing consequences for those that purchase and illegally supply guns to those that cannot and should not have them. In some cases these are the very guns that contribute to gun violence and significantly impact the safety of communities across the state,” said Colonel Nathaniel McQueen Jr., Superintendent of the Delaware State Police.

The bill signing can be viewed here: livestream.com/StateofDelaware/hb174

Visit de.gov/gunsafety to learn more about Governor Carney’s call for comprehensive gun safety reforms.

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MEDIA ADVISORY: Governor Carney To Sign HB 174

Bill will strengthen penalties for illegal purchases of firearms

DOVER, Del. – On Wednesday, April 18, Governor Carney will sign House Bill 174, which strengthens penalties for illegal purchases of firearms, deterring “straw purchases” by making jail time more likely for the offender. This bill raises the first offense of purchasing or obtaining a firearm for someone not legally qualified to own, possess or purchase one from a Class F to a Class E Felony. Governor Carney will be available for media following the bill signing.

Signing of House Bill 174

WHAT: Governor Carney to sign HB 174, strengthening penalties for illegal purchases of firearms

WHO: Governor John Carney
Secretary Robert Coupe, Department of Safety & Homeland Security
Representative Larry Mitchell
Senator Harris McDowell
Senator Anthony Delcollo
Senator Brian Pettyjohn
Representative Ruth Briggs King
Representative Deb Heffernan
Representative Deborah Hudson
Representative Dave Wilson
Col. Nathaniel McQueen, Jr., Superintendent DSP
Sgt. Darren Lester, DSP
Chief William Bryson, Chairman, Delaware Police Chiefs Council
Chief Jeffrey Horvath, Executive Director, Delaware Police Chiefs Council
Chief Laura Giles (Elsmere), Delaware Police Chiefs Council
Chief John Horsman (Capitol), Delaware Police Chiefs Council
Chief Marvin Mailey (Dover), Delaware Police Chiefs Council
Lt. Fred Calhoun, State FOP President
Representatives from Everytown for Gun Safety
Representatives from the Delaware Coalition Against Gun Violence

WHEN: Wednesday, April 18, 2018
12:45 p.m.

WHERE: Governor’s Office
Legislative Hall
411 Legislative Avenue
Dover, DE 19901

This event will be livestreamed at: https://livestream.com/StateofDelaware/hb174

Governor Carney’s Statement on House Passage of Beau Biden Gun Violence Prevention Act

DOVER, Del. – Governor John Carney issued the following statement on Tuesday’s vote in the Delaware House of Representatives to approve the Beau Biden Gun Violence Prevention Act.

“Thank you to members of the Delaware House of Representatives for their bipartisan vote to approve this important piece of legislation. The Beau Biden Gun Violence Prevention Act would responsibly restrict access to firearms for those who are considered a danger to themselves or others – while protecting the due process rights of all Delawareans. The bill also takes steps to ensure that Delaware health professionals and law enforcement are working more closely together on the issue of gun safety. We remain committed to working with members of the General Assembly, in both parties, to directly confront the issue of gun violence in a comprehensive way. As I have said, we need a national approach to gun safety. But we cannot wait to do what’s right in Delaware. We must take steps that will make our state safer. This vote today represents important progress. Thank you to members of the House for their vote, and I look forward to the Delaware Senate considering this legislation.”

Learn more about Governor Carney’s call for comprehensive gun safety reform.

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Governor Carney, Senator Townsend, Representative Longhurst Announce Assault Weapons Legislation

DOVER, Del. – Governor John Carney, Senator Bryan Townsend, and House Majority Leader Valerie Longhurst on Thursday announced legislation to ban the sale, purchase, transfer, and certain possession of assault-style weapons in Delaware. The legislation will be introduced by Senator Townsend in the Delaware Senate on Thursday. Representative Longhurst is the legislation’s prime sponsor in the Delaware House of Representatives.

The legislation would prohibit the sale and transfer of specific firearms in Delaware, which are listed in the legislation, as well as copycat weapons that meet certain criteria. It also would prohibit the transportation of assault-style weapons across state lines into Delaware, subject to certain exceptions. The bill would not ban possession of any weapons purchased legally before the legislation’s effective date. It would impose certain restrictions on where lawfully owned assault weapons may be possessed and transported. The legislation would allow possession in a lawful owner’s home, their place of business, a shooting range, and during an exhibition, display, or educational exhibit.

Licensed firearms dealers and manufacturers would be permitted to sell or transfer any assault-style weapons in their inventory as of the effective date of the legislation to a licensed firearm dealer in another state or to an individual purchaser in another state through a licensed firearms dealer. Among other individuals and entities, the bill includes exceptions for law enforcement officers, military personnel, and certain testing and repair facilities.

Governor Carney, Senator Townsend, and Representative Longhurst issued the following statements:

“As we have seen in Parkland, Las Vegas and in many other horrific tragedies across our country, military-style weapons can be used to carry out catastrophic acts of violence. These weapons allow those intent on doing harm to outgun members of law enforcement, and they have no place on the streets of our neighborhoods,” said Governor John Carney. “It’s true that we need a national approach to confront the threat of gun violence. I believe President Trump and Congressional leaders should take action. But we cannot wait to do what’s right in Delaware. This is important legislation that will make our state safer – and I urge members of the General Assembly in both parties to act quickly and send this bill to my desk as soon as possible. Thank you to Senator Townsend and Representative Longhurst for their partnership, and their leadership, on this issue.”

“The status quo on gun violence isn’t working. Delaware has made important progress in recent years, but we can — and must — do more,” said Senator Bryan Townsend. “Military-style assault weapons are not protected by the Second Amendment. They have limited or no practical use for hunting or home defense, yet they are the weapon of choice in mass shootings and pose additional risk to law enforcement. It’s irresponsible to make them available to the general public on-demand. We owe it to our students, our families, and our law enforcement to keep weapons of war where they belong: on the battlefield, not on store shelves.”

“We have an obligation to always look for ways to make our communities safer. Having fewer assault-style weapons on our streets is one way we can accomplish that goal,” said House Majority Leader Valerie Longhurst. “The rallying cry across the country is being repeated over and over – enough is enough, and more than half of gun owners agree that we need to step up and address these firearms. These firearms are massively deadly weapons and should not be sold any longer.”

Visit de.gov/gunsafety to learn more about Governor Carney’s call for comprehensive gun safety reforms.

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