Explore The NRA Universe Of Websites

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.

 

TRENDING NOW
Biden Plots Sneak Attack Against U.S. Firearms Industry

News  

Monday, January 25, 2021

Biden Plots Sneak Attack Against U.S. Firearms Industry

Joe Biden has unveiled his agenda for his first 100 days in the White House, and his list includes an initiative aimed at nothing less than the destruction of the U.S. firearms industry. This is ...

Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Thursday, January 21, 2021

Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Next week, anti-gun legislation, Senate Bill 5078 and Senate Bill 5038, are scheduled for hearings in the Senate Law and Justice Committee. 

President Trump’s Executive Order Expands LEOSA Carry Rights

News  

Thursday, January 21, 2021

President Trump’s Executive Order Expands LEOSA Carry Rights

On January 18th, President Trump signed an “Executive Order on Protecting Law Enforcement Officers, Judges, Prosecutors, And Their Families.” The order aims to provide for more federal law enforcement officers, prosecutors, and judges to be able to ...

Anti-Gun Groups Want to Abolish What Law-Abiding Virginians Have been Doing for Centuries

News  

Monday, January 25, 2021

Anti-Gun Groups Want to Abolish What Law-Abiding Virginians Have been Doing for Centuries

Last year, the anti-Second Amendment majority in the Virginia legislature that was purchased by gun-ban extremists passed a number of anti-gun measures. Anti-gun activists even demanded an opportunity to gloat over what they had bought.

Gun Control Groups Push Hollywood to Produce Even More Anti-gun Propaganda

News  

Monday, January 25, 2021

Gun Control Groups Push Hollywood to Produce Even More Anti-gun Propaganda

Gun control advocates are once again pushing the entertainment industry to produce anti-gun propaganda with the explicit goal of advancing failed firearm legislation. The renewed overt effort will strike some as superfluous, given Hollywood’s lengthy track record of anti-gun agitprop and left-wing political monoculture.

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

News  

Tuesday, January 19, 2021

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

Biden issued this “pledge” in a January 8 tweet that falsely tried to suggest the men and women of the NRA were somehow implicated in an infamous crime that was committed a decade ago by ...

Florida Alert! Gun Bills Filed in Florida - SO FAR

Friday, January 15, 2021

Florida Alert! Gun Bills Filed in Florida - SO FAR

As Legislators begin to file bills for the 2021 Florida Legislative Session, we are getting questions about various bills due to media reports on gun bills.  Below is a partial list of bills we will ...

Utah: House Judiciary Committee Passes Permitless Carry Legislation!

Saturday, January 23, 2021

Utah: House Judiciary Committee Passes Permitless Carry Legislation!

On January 22nd, the Utah House Judiciary Committee passed House Bill 60 on an 8 - 3 vote. 

ATF Withdraws Pistol Brace “Guidance”

News  

Wednesday, December 23, 2020

ATF Withdraws Pistol Brace “Guidance”

On December 23rd, ATF posted a document to its website indicating that its recently published Objective Factors for Classifying Weapons with “Stabilizing Braces” is withdrawn.

Guide To The Interstate Transportation Of Firearms

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 as legal advice or a restatement of law.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.