Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Delaware: Bill that Violates Due Process to Be Heard in Committee; Your Help is Needed!

Wednesday, May 6, 2015

Delaware: Bill that Violates Due Process to Be Heard in Committee; Your Help is Needed!

Senate Bill 83 was recently introduced to the Delaware Legislature and has been assigned to the Senate Judiciary Committee.  It is critical that you contact and urge members of the Senate Judiciary Committee to OPPOSE this piece of legislation that not only violates due process but also disrespects your Second Amendment rights.

If enacted, SB 83 would exceed current Delaware and federal law, and would allow abuse orders, which can be issued ex parte, to be issued without evidence that a person committed any actual act of harm against a person, or that the person has even been charged with any criminal act.  After the order has been processed a person would be disqualified from owning any firearms or ammunition.

Ex parte orders are issued without notice or a chance to be heard by the affected person. They are also based entirely on a one-sided version of events, as portrayed by the person who wants the order issued.  All that is needed is a preponderance of evidence that the person engaged, for example, in a “course of alarming or distressing conduct in a manner likely to cause fear or emotional distress.”  This is a very flimsy basis upon which to deny someone their fundamental, constitutional rights.  There is no requirement that a firearm (or any weapon) be used as part of the alleged abuse before the firearm disqualification may be imposed.

These orders may be brought against someone from a past relationship, even if there is no current physical or social connection.  For example, an individual may file an abuse order against someone they had a relationship with four years ago, and it would be a valid.

Once issued, under this bill the new prohibition on obtaining a firearm is effective immediately upon entry of the protective order, and not upon notice to the affected person.  A person subject to an order has to surrender all firearms and ammunition within his or her custody and control immediately on request or within 24 hours of being served with the order.  Within 48 hours of service, the person must file a certification or proof of transfer with the court.  SB 83 has no mechanism to allow for extensions.

If the order is ex parte, the order may be entered without the person having any knowledge that he or she is under a prohibition or disqualification from possession of firearms.  Any attempt by the person to acquire a firearm in the period between the entry of the order and actual notice may subject the person to the “prohibited person” penalties in Delaware. Under existing Delaware law, a prohibited person who knowingly possesses, purchases, owns or controls a deadly weapon or ammunition for a firearm while so prohibited is guilty of a class D felony.

SB 83 provides no option for a person to turn the firearms and ammunition over to a friend, family member, or other third party qualified to possess firearms.  A person who is subject to an order must relinquish firearms and ammunition to law enforcement.  The police are authorized to impose charges for the storage, although the bill does not set any rates for police storage of surrendered firearms or ammunition.  After a year, the storage fees may be more than a firearm or ammunition is worth.  If the firearms or ammunition are found to be items owned or claimed by another person, there is no requirement that a law enforcement agency be required to return them to the person who has a claim or interest.  Also SB 83 would allow police, after they give the owner the requisite notice, to sell or transfer of the firearms to a FFL or licensed collector, dealer, importer, or manufacturer with no right to the sale proceeds by the former owner.

It is of the utmost important that you contact your state Senator and urge them to OPPOSE Senate Bill 83.

Also, please contact the members of the Senate Judiciary Committee and urge them to vote NO on SB 83 when it is heard. Contact information for committee members is provided below.

Senate Judiciary Committee:

Senator Margaret Rose Henry (D-2), Chair
(302) 744-4191
[email protected]

Senator Patricia M. Blevins (D-7)
(302) 744-4133
[email protected]

Senator Gregory F. Lavelle (R-4)
(302) 744-4048
[email protected]

Senator Harris B. McDowell (D-1)
(302) 744-4147
[email protected]

Senator F. Gary Simpson (R-18)
(302) 744-4134
[email protected]

Senator Bryan Townsend (D-11)
(302) 577-5316
[email protected]

TRENDING NOW
Canada, Six Months from “Confiscation Day”

News  

Monday, November 8, 2021

Canada, Six Months from “Confiscation Day”

In early 2020, Canadian Prime Minister Justin Trudeau announced his so-called “assault weapon” ban along with a temporary amnesty period that allows the owners of newly-banned firearms to possess their property without incurring criminal liability. Canadians affected ...

Senator Grassley Blocks Gun Control on Senate Floor

News  

Friday, December 3, 2021

Senator Grassley Blocks Gun Control on Senate Floor

On December 2, U.S. Senator Chris Murphy (D-CT) attempted and failed to pass H.R. 8, the dangerously flawed, so-called “universal” background check bill.

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.

Pennsylvania: Governor Tom Wolf Vetoes Constitutional Carry

Friday, December 3, 2021

Pennsylvania: Governor Tom Wolf Vetoes Constitutional Carry

Anti-gun Democrat Governor Tom Wolf kept his promise and vetoed Senate Bill 565 on Thursday. 

Biden Administration Bans Importation of Russian Ammunition

News  

Sunday, August 22, 2021

Biden Administration Bans Importation of Russian Ammunition

The Biden Administration’s Department of State announced that it will soon prohibit the importation of Russian ammunition into the United States. According to a release on the Department of State’s website, “[n]ew and pending permit applications ...

Ohio: House Passes Constitutional Carry

Wednesday, November 17, 2021

Ohio: House Passes Constitutional Carry

Today, the House of Representatives voted 60-32 to pass House Bill 227, the constitutional carry bill. It will now go to the Senate for further consideration.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

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.

The Right to Bear Arms Gets Its Day in Court

News  

Monday, November 8, 2021

The Right to Bear Arms Gets Its Day in Court

November 3 was a historic day for constitutional rights in the United States, as the U.S. Supreme Court delved into a detailed and sophisticated exploration of the meaning and scope of the Second Amendment’s right ...

Sixth Circuit Bails-Out ATF

News  

Monday, December 6, 2021

Sixth Circuit Bails-Out ATF

Last week, the Sixth Circuit failed to achieve the majority necessary to correct the ATF’s shifting classifications of bump stocks as “machine guns.”

New Jersey:  State Senate Wants to Ban the Second Amendment in Private Homes

Monday, December 6, 2021

New Jersey: State Senate Wants to Ban the Second Amendment in Private Homes

Anti-gun New Jersey politicians have never been bashful about slapping restrictions on Second Amendment rights in the Garden State. 

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.