Delaware: Committee Hearing on Wednesday for Bill to Criminalize Private Firearms Transfers

Posted on March 8, 2013

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Your Action Needed NOW!

Governor Jack Markell (D) unleashed a five-point plan to subject Delaware to sweeping gun control measures in January, as reported by NRA-ILA.  Today, the latest of his measures was filed as House Bill 35.  HB 35 has been referred to the House Judiciary Committee which has scheduled a hearing for it on Wednesday, March 13 at 1:00 pm in the House Majority Hearing Room in Legislative Hall and public comment will be accepted.  Please contact members of the House Judiciary Committee IMMEDIATELY, and go to Dover on Wednesday to testify against HB 35.

HB 35 would criminalize private transfers of firearms by requiring that a criminal history background check be performed in connection with the sale or transfer of all firearms.  Background checks would be performed by licensed firearms dealers, who would be required to maintain records of such background checks in accordance with state and federal law. 

Background checks would not be required in private party transactions (1) in which the buyer or transferee is a member of the seller or transferor’s immediate family (parent, grandparent, child, grandchild, sibling or spouse); (2) involving antique firearms and certain replicas; (3) involving the return by a licensed pawnbroker of a firearm to the person from whom it was received; or (4) involving qualified active duty and retired law-enforcement officers.  Anyone who violated this would be guilty of a class A misdemeanor for a first offense and a class G felony for any subsequent offense.  Concealed carry license holders would NOT be exempted.

While there might be exceptions, make no mistake.  This measure is the first step toward the criminalization of all private firearm transfers.  This system can only be enforced with gun registration.  And, as we know from experiences in California, Australia and Canada, gun registration enables gun confiscation—only from honest citizens—since criminals are not subject to registration nor do they submit to criminal investigations.

According to an internal U.S. Department of Justice memorandum, "universal" background checks will not work without requiring gun registration.  Read the memo and get the facts here.

It is critical that you contact House Judiciary Committee members IMMEDIATELY and urge them to OPPOSE HB 35.  Their contact information can be found here.

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Further Reading

  • Delaware: Governor Jack Markell Unveils Gun Control Plan to Leave You Defenseless

    Delaware Governor Jack Markell (D) has unveiled broad gun control plans that should alarm all law-abiding gun owners in the First State.  At this moment, legislation has not been introduced.  However his proposals as outlined in his news release snub the Supreme Court's repeated ruling that the Second Amendment protects a fundamental, individual Right to Keep and Bear Arms, and are in direct violation of Delaware’s own state constitution Article I Section 20 where it is written, "A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use."  Governor Markell and anti-gun lawmakers are attacking and trying to demonize you, the law-abiding citizen in Delaware who responsibly exercises your right to own a gun, rather than protecting you and your children from those who act criminally.  Proposals like these have been tried in the past and have been resounding failures across the country.  This type of legislation not only violates your rights, but blithely ignores the fact that criminals simply do not obey gun bans, register their firearms or comply with any gun control schemes.  As a result, only law-abiding citizens will comply and be left defenseless.
    FULL STORY