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.

 

TRENDING NOW

Tuesday, April 26, 2016

Missouri: Permitless Carry Self-Defense Legislation Overwhelmingly Passes House, Headed to Senate

Today, the Missouri House of Representatives overwhelmingly passed House Bill 1468.

Tuesday, April 26, 2016

Connecticut: Anti-Gun Bills Expected for Floor Vote Tomorrow

One or both of the anti-gun bills, House Bill 5054 and House Bill 5623, may be called as early as tomorrow to go to the House floor for consideration by the full House of Representatives.  Both HB 5054 and ...

Wednesday, April 27, 2016

California: Anti-Gun Bills Still Alive After Policy Committee Deadline

After a busy week of hearings, Friday April 22nd marked the deadline for bills with a fiscal note to be passed out of their respective policy committees. Bills not meeting this deadline are considered defeated ...

Tuesday, April 26, 2016

Oklahoma: Hunting with Suppressors Legislation Signed into Law

Yesterday, Oklahoma Governor Mary Fallin signed House Bill 2637 into law and it goes into effect immediately.

Friday, April 29, 2016

Michigan: Important Firearm Preemption Legislation Will Likely Receive Committee Vote Next Week

Next Wednesday, May 6, the House Local Government Committee is tentatively scheduled to consider and vote on House Bill 4795, as substituted.  HB 4795, sponsored by Chairman Lee Chatfield (R-District 107), is important legislation aimed ...

News  

Tuesday, April 26, 2016

Merrick Garland MUST NOT be confirmed to the U.S. Supreme Court

The U.S. Senate needs to hear from you TODAY that Merrick Garland MUST NOT be confirmed to the U.S. Supreme Court.

News  

Wednesday, April 27, 2016

Political Report | Disarmament Cloaked as "Common Sense"

Gun control advocates have been at their civilian-disarmament campaign for so long that astute observers will notice the same tactics and approaches returning time and again to the political landscape. When the American public rejects ...

Wednesday, April 27, 2016

Missouri: Urgent - Stand Your Ground Amendment to be Considered by Senate

Today, Missouri State Senator Kurt Schaefer (R-Columbia) amended Senate Bill 663 with critical self-defense language, known as Stand Your Ground.

Thursday, April 28, 2016

Connecticut: Gun Surrender Bill Moving through the General Assembly

Yesterday, April 27, House Bill 5054 passed the House of Representatives with a 104-42 vote.  HB 5054 is a large omnibus bill which threatens your Right to Keep and Bear Arms as well as your Fifth Amendment right to ...

Friday, April 29, 2016

Louisiana: House Committee to Vote Tuesday on Dangerous Bill Gutting Louisiana’s Firearms Preemption Law

Imagine the City of New Orleans having the statutory authority to pass any law they wanted governing the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms and ammunition.

MORE TRENDING +
LESS TRENDING -
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.