NRA Explore
APPEARS IN Legal & Legislation

Delaware: Contact Your State Representative Immediately in Opposition to House Bill 88

Monday, May 13, 2013

Your action is needed NOW!  The Delaware House of Representatives is scheduled to vote on House Bill 88 tomorrow, and erroneous statements and reports in the media have led to the impression that the NRA has offered unqualified support for this bill. The NRA has sent a letter (which can be read here) to all Delaware legislators explaining the flaws in HB 88.  Call your state Representative and ask him or her to oppose HB 88 until all of the current issues with the proposed legislation have been corrected. 

Everyone agrees that we have a collective responsibility to help prevent persons who have clearly been proven dangerous from having access to firearms.  HB 88 begins to address critical mental health issues, however, it does not include enough safeguards critical to ensuring protection of individual civil rights to the fullest extent possible - which points are critical to the NRA’s position of opposition to this bill in its current form.  Until HB 88 provides adequate protection of due process rights, property rights and implements proper procedural safeguards, it must be opposed.

The NRA will continue to work with all elected officials to help prevent dangerous persons from gaining access to firearms.  However, under the current language, this proceeding requires only a preponderance of the evidence to establish this permanent disability.  This standard of evidence is not acceptable and not appropriate.  Other circumstances that could lead to a permanent abrogation of Second Amendment rights require higher standards of proof (for example, proof beyond a reasonable doubt for convictions; clear and convincing evidence for civil commitments).

While some circumstances might impose disqualifications under a lesser standard, those disqualifications are not presumptively permanent and would expire by operation of law with the expiration of the order itself.  Because of the importance of the liberty interest at stake and the total and continuing nature of this prohibition, an enhanced standard of proof must be required at the hearing.  An amendment to the legislation therefore must be made to raise this standard to clear and convincing evidence in order for the NRA to withdraw our opposition to this bill.

House Bill 88, while a step in the right direction, is a “work in progress” at this time.  Until the legislation is amended to address appropriate standards of proof, it is a flawed bill that must be opposed.  It is our hope that HB 88 can move through the legislative process in a deliberate manner, as we are willing to work with the General Assembly to address these reasonable concerns and to craft legislation that enhances public safety while guaranteeing the fundamental rights of all Delawareans. 

Please contact your state Representative immediately and politely ask him or her to OPPOSE HB 88 until all of the proper due process safeguards are included in this bill.

Contact information for your legislators may be found here.




Friday, November 20, 2015

Brussels Pushes Gun Control in Wake of Paris Attacks

On November 18, the European Commission expedited a plan to overhaul the European Union’s already restrictive gun control laws. The ...


Friday, November 20, 2015

“F” Stands for Fail: Gun Turn-in Event Nets a Stack of Paper Pledges and Some Surplus Sporting Goods

Recently, we reported on Hillary Clinton’s praise for local firearm “buyback” events and her view that forcing Americans to participate ...


Friday, November 20, 2015

Overwhelming 81 Percent of Current and Former Military have Unfavorable View of Clinton

More bad news for Hillary Clinton. Coming off the heels of survey results that found the former Secretary ...


Friday, November 20, 2015

Anti-gun Politicians, Media Exploit Paris Attacks in “Terrorist Gap” Rehash

The Paris terrorist attacks were not easily pinned on America’s supposedly lax gun laws or the NRA, but ...


Friday, November 20, 2015

Bloomberg’s Lackeys Tweet Solace to Unarmed Victims of Paris Attacks … Some of Them, Anyway

On Friday, Nov. 13, Islamic terrorists carried out a series of coordinated attacks in Paris, France, that left ...


Friday, June 5, 2015

Stop Obama's Planned Gag Order on Firearm-Related Speech

It's happening again— President Obama is using his imperial pen and telephone to curb your rights and bypass Congress ...

Friday, November 20, 2015

California: Urgent: Contact the DOJ TODAY to Voice your Concerns with DOJ’s Proposed Firearm Safety Certificate Regulations

The California Department of Justice (DOJ) is currently considering public comments on a package of proposed permanent regulations to implement ...

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered ...

Thursday, November 19, 2015

Florida: BETRAYAL: Report on HB-169 Burden of Proof in Committee on 11/17/2015

HB-169 Burden of Proof  by Rep. Dennis Baxley was heard in the House Criminal Justice Committee on Tuesday, November 17, 2015, at 9:00 AM.In what can only be called a betrayal orchestrated by Republican Committee ...

Wednesday, November 18, 2015

Ohio: Concealed Carry Expansion Legislation Passes in the House!

Yesterday, concealed carry expansion, Sub. House Bill 48, passed in the state House by a vote of 68-29. ...


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.