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Delaware: Governor Markell Signs Two Firearms-Related Bills into Law

Monday, July 25, 2011

On July 13, Governor Jack Markell signed into law two bills of note to Delaware’s gun owners, NRA-supported House Bill 48 and NRA-opposed Senate Bill 25.  HB 48 will go into effect no later than December 31, while SB 25 took immediate effect.

Sponsored by state Representative Valarie Longhurst (D-15), House Bill 48 will update Delaware state law to meet the requirements set forth in the federal NICS Improvement Amendments Act (NIAA). HB 48 provides a relief-from-disabilities process allowing an individual to get their firearm rights restored. HB 48 also requires the state to provide mental health records to the NICS database if the individual, as a result of a mental health adjudication, is prohibited from possessing a firearm. In addition to conforming Delaware law to the NIAA, this legislation also repeals Delaware’s Instant Check for firearm purchases and moves all background checks to the National Instant Criminal Background Check System (NICS).

Senate Bill 25, sponsored by state Senator Robert Marshall (D-3), creates the Community Firearm Recovery Program, a pilot program that will use state appropriated funds for local municipal police, the New Castle County Police and the Delaware State Police, to purchase surrendered firearms. Senate Bill 25 establishes a system that lacks fiscal accountability and opens the door to potential misappropriation of funds, while in no way deterring crime.

At this time, no action is required on your part but please continue to check your e-mail and www.NRAILA.org for updates in the future.

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.