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

Legislation sponsored by Rep. Longhurst, Sen. McDowell and others would require criminal history checks in connection with virtually all gun sales

(Wilmington, DE)  Joined by former Congressman and Governor Mike Castle and members of Delaware’s law enforcement community, Governor Jack Markell, Lt. Gov. Matt Denn, Attorney General Beau Biden today unveiled legislation to require background checks for virtually all gun sales, with a few limited exceptions.

“I am proud to endorse this initiative to expand background checks for firearm purchases,” said former Congressman and Governor Castle.  In 2009, I sponsored the Bipartisan Gun Show Loophole Closing Act in Congress because of my firm belief that only people who are not prohibited under law from having a gun should be allowed to buy one.  This is a common-sense measure that can save lives.”

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,” said Governor Markell.  “We know that people who are prohibited by law from possessing firearms still try to acquire them.  This bill is an important tool to keep guns away from convicted felons and other persons who have no business having a gun in their hands.”

“Everyone who says we should do a better job of enforcing existing laws should be for this bill, because that’s exactly what it does: allow us to ensure that the people who we have legally prohibited from owning guns don’t in fact get them,” said  Lt. Governor, Matt Denn.  “Everyone who says we should be focused on dangerous people should be for this bill, because that’s exactly what it does: it ensures that people who we have already decided through the passage of laws are potentially dangerous do not get guns.”

“The evidence is clear that background checks keeps guns away from people not allowed to possess them under the law—especially criminals,” said Attorney General Biden, who helped to implement the Brady background check law when he worked at the U.S. Department of Justice in the late 1990s. “Requiring universal background checks is a common-sense approach to protect public safety by keeping weapons away from even more people who should not have them.”

In 2011, House Majority Leader Rep. Valerie Longhurst sponsored legislation to sync Delaware’s background check system with the federal database for firearm purchases. Rep. Longhurst said two years ago she listened to the testimony of parents of two victims in the 2007 Virginia Tech shootings and in light of recent events, Delaware needs to reevaluate its background checks system.

“Keeping firearms out of the hands of criminals is critical to cutting down on gun violence and protecting our citizens. One way to do that is through background checks for gun purchases, but there is a significant loophole in our current system that we need to address,” said Rep. Longhurst, D-Bear. “In just the last six years, close to 3,500 people were denied firearms because they failed a background check at a gun store. Unless we establish universal background checks, those same people can just go to a gun show or another private gun seller to buy a firearm. Why shouldn’t the same criteria apply to all of these gun sales? This bill would close that loophole and keep guns out of the hands of people who should never have the chance to purchase them.”

“Loopholes are ways people circumvent the law,” said Senator Harris McDowell, III, D-Wilmington North.  “This closes a giant loophole through which guns are pouring into the hands of criminals and others prohibited from possessing firearms.”

The legislation unveiled today would require that a background check be performed in connection with the sale or transfer of any firearm, regardless of whether the transaction involves a licensed dealer.  The bill includes a few narrow exceptions, including sales or transfers of firearms involving:

  • Immediate family members (parent, grandparent, child, grandchild, spouse or sibling);
  • Law enforcement officers who meet the training and qualification standards required by police agencies to carry firearms;
  • Antique (pre-1899) firearms and certain replicas thereof; and
  • The return of a firearm by a pawnbroker to the person from whom it was received.

Background checks would be performed by licensed dealers, who would be permitted (but not required) to charge up to $50 per background check. (Under existing law, a dealer may charge up to $20 for a background check requested by a private party.) Dealers would be required to maintain records of all background checks in accordance with state and federal law.

The penalty for a first offense would be a class A misdemeanor.  Any subsequent offense would be a class G felony.


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

(Newark, DE)   Surrounded by members of the Delaware State Police and other law enforcement agencies, Governor Jack Markell today joined Lt. Gov. Matt Denn and Attorney General Beau Biden to unveil legislation that would require gun owners to notify police whenever their firearms are lost or stolen.

The bill is one of five gun safety measures being proposed by Gov. Markell, Lt. Gov. Denn and Attorney General Biden in the wake of the Newtown, CT massacre and other recent mass shootings.  The prime sponsors of the bill are Sen. Margaret Rose Henry (D-Wilmington East) and Rep. Michael Barbieri (D-Newark).

“Far too often, guns that are stolen or lost wind up being used to commit crimes,” said Governor Markell.  “If we’re serious about keeping guns out of the wrong hands, we need to do a better job of accounting for these weapons.  Reporting a lost or stolen weapon is easy, it’s responsible, and it makes our streets safer.”

The legislation would require gun owners to report the loss or theft of their firearm to police within 48 hours of discovery.  (The reporting obligation does not start until the owner discover that the firearm is missing.)  Owners may report the loss or theft to their local police department or any Delaware State Police Troop.  Violators will be subject to a fine of $100 to $500 for a first offense.  Second and subsequent offenses would be class G felonies.

“This is part of a larger, multi-dimensional approach we are taking as a state to address gun violence,” said Lt. Governor Matt Denn. “From reporting lost and stolen weapons to ensuring mental health services for our children and more programs for them after school and in the summer, Delawareans should be working together to address the issue of gun violence and moving towards a safer Delaware for all of us.”

“This is a common-sense proposal that will help law enforcement keep guns out of the hands of criminals,” Biden said. “All too often prosecutors in my office are confronted with defendants who claim their weapon was lost or stolen, when in reality that gun was purchased and then immediately handed over to a criminal who is not legally allowed to have a gun. Under this bill, if a gun is legitimately lost or stolen, the police will know right away. This is an important piece of our balanced approach to reduce gun violence and protect our children.”

“It is our intention to promote common sense gun safety legislation. This will be directed towards the safety of all Delawareans and the rights of law abiding and responsible owners of firearms,” said Lewis D. Schiliro, Secretary of Safety and Homeland Security.

“We need to do a better job of tracing weapons used in crimes.  This bill will provide police with an important tool in doing just that,” said Sen. Henry.  “In addition, this bill will also promote more responsible gun ownership by requiring people to notify law enforcement when their weapon is missing.”

In addition to Sen. Henry and Rep. Barbieri, the other bill sponsors include Sens. Patricia Blevins, Karen Peterson and Nicole Poore, and Reps. Val Longhurst, John Viola, Larry Mitchell, Helene Keeley, Bryon Short, Deb Heffernan, Ed Osienski, John Kowalko and Paul Baumbach.

Photos are on Flickr.


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

(Wilmington, DE) – With the support of legislators and law enforcement agencies statewide, Governor Jack Markell, Lt. Governor Matt Denn and Attorney General Beau Biden joined together to unveil a series of gun safety proposals to keep guns out of the hands of persons who should not possess them and make our communities safer.

Joined by Secretary of Safety and Homeland Security Lew Schiliro, and surrounded by members of the General Assembly, police officers, members of the faith-based community, and other advocates, the Governor, Lt. Governor and Attorney General announced that they intend to introduce five proposals to address gun safety issues in the wake of the tragic Sandy Hook Elementary School shooting in Newtown, Connecticut.  Today’s announcement coincided with the one-month anniversary of the tragedy in which 26 people (including 20 children) lost their lives in the second-deadliest school shooting in U.S. history.

“The gun safety measures we are proposing will strengthen our ability to keep guns out of the hands of those who should not have them,” said Governor Markell.  “I am pleased to stand together with Lt. Gov. Denn and Attorney General Biden to unveil these proposals. No one wants guns in the hands of people with ill intent. We must not arm those who would harm.  Instead, we must enact stronger laws to protect our communities. Reasonable gun safety laws, improvements to school safety and increased access to mental health treatment are three ways we can do better.  This package of gun safety measures is directed at individuals who might impose violence with a gun.”

“These proposals are part of a comprehensive approach to gun violence that includes improvements in our mental health system, improvements to school safety, and responsible oversight of guns,” said Lt. Gov. Denn. “With respect to guns, our proposals focus on two important goals: keeping guns away from dangerous people, and protecting victims from the weapons most likely to be used illegally.”

“The new laws we are proposing today will make Delaware a safer place to live, especially for our children,” said Biden, who has successfully sought to change state laws to increase prison terms for criminals who use guns when they commit crimes. “As a father, veteran and the state’s top law enforcement officer, I know that military-style assault weapons and high-capacity ammunition clips designed for battle have no place on our streets. These proposals are a reasonable and sensible approach that will improve public safety and respect the Second Amendment.”

Legislation on each of the proposals below will be introduced in the General Assembly over the next two weeks, with all bills expected to be introduced by January 24, 2013 (the last legislative day before the General Assembly breaks for Joint Finance Committee hearings).

The proposals are as follows:

 

1. Requiring Background Checks for Private Firearm Sales: Under existing law, when the sale or transfer of a firearm involves a licensed dealer, a background check must be performed.  But when the sale or transfer does not involve a licensed dealer, and occurs between private buyers, no check is required.  Because approximately 40% of all firearms nationwide are acquired from unlicensed sellers, this is an enormous loophole—one in which convicted felons, minors and other prohibited purchasers can readily avoid background checks and easily acquire guns. This bill would require that licensed dealers perform background checks in connection with the sale or transfer of all firearms, including sales between private buyers, except for transfers involving immediate family (parent, grandparent, child, grandchild, sibling or spouse).  The background check requirement would not apply to the sale or transfer of shotguns, as no such check is required under current law for licensed dealers.

2.  Requiring the Reporting of Lost and Stolen Firearms:  There are two primary public safety benefits to requiring the reporting of lost and stolen firearms.  First, it discourages straw purchases and deters gun trafficking.  When a gun is found at a crime scene and later traced back to the original owner, the owner may falsely claim that a gun was lost or stolen in order to hide his involvement in trafficking or straw purchasing.  A mandatory reporting requirement provides law enforcement notice of suspicious patterns of behavior by persons who repeatedly fail to file reports yet claim that their guns were lost or stolen after the guns were recovered from a crime scene. And second, it helps prevent unwarranted criminal accusations against owners whose guns have been lost or stolen.  This bill would require individuals report a lost or stolen firearm within 48 hours of discovery.  Individuals would file a report with either the police agency having jurisdiction over the location where the loss or theft occurred, or any Delaware State Police Troop.

3. Banning the Sale, Manufacture, Delivery and Unlawful Possession of Large-Capacity Magazines: According to the Citizens Crime Commission of New York, 30 mass shootings (with four or more victims killed) occurred in the United States from 1982 through 2012.  Although the circumstances of such mass shootings varied, each incident had one thing in common: they all involved one or more large-capacity ammunition magazines.  This bill would prohibit the manufacture, sale, purchase, transfer or delivery of large-capacity magazines.  Large-capacity magazines are defined as magazines having the capacity to accept more than 10 rounds for any handgun and more than 5 rounds for any rifle or shotgun.  Acknowledging that thousands of law-abiding Delawareans currently possess large-capacity magazines lawfully, the bill would make such possession unlawful only if it occurs (1) in a public place (which would include highways, schools, parks, restaurants, bars, and similar locations), and (2) within 20 feet of a firearm capable of accepting such magazine.  The bill would exempt certain shooting ranges from the definition of “public place,” so that the possession and use of large-capacity magazines at such ranges would not be prohibited.

4.  Banning the Manufacture, Sale, Delivery and Unlawful Possession of Military Weapons: The sale of military-style assault weapons – firearms that are made for the battlefield and have no place in our communities – was outlawed in 1994, but the ban expired a decade later.  One such weapon – the Bushmaster AR-15 – was used in the Newtown shootings and also in the murders of two firefighters in Webster, NY, on Christmas Eve last year. This bill would prohibit the manufacture, sale and delivery of these military weapons, while allowing the continued possession and use under certain circumstances of weapons purchased prior to the effective date of the ban.

5.  Banning Possession of a Firearm Within 1,000 Feet of a School: This bill will help to ensure the safety of children in our schools.  By outlawing possession of a firearm in close proximity to school, we will enable law enforcement to interdict those individuals who knowingly possess firearms and do so in near school buildings and school yards. The purpose of this law is to create safe school zones, where children are secure, where parents can have peace of mind that upon leaving them in the morning, they will not be subjected to gun violence, and where teachers can go about their important task of educating our youth without fear of violence.  This is not intended to restrict the right of law abiding citizens to own guns.  Nor is it intended to restrict those law abiding citizens who reside near schools, as the law specifically exempts them from its prohibitions while the guns are on their property.  The law, likewise, is not intended to inhibit those individuals who possess concealed weapons permits from carrying firearms in conformity with the permits.

Photos from the press release are on the Governor’s Flickr page.