Author Topic: ...And Another Piece of Horrible Proposed Legislation  (Read 88 times)

MarcWinkman

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...And Another Piece of Horrible Proposed Legislation
« on: April 26, 2024, 01:33:21 PM »
And our elected overlords are proposing HB 342 to create a "voluntary do not sell registry" for firearms.  Basically a person goes into a State Police Troop, fills out a form to voluntary make themselves a Person Prohibited from owning or possessing a firearm or other deadly weapon (presumably including the new category of "projectile weapon" if/when that nonsense passes) and that prohibits them until such time as they petition for removal from that registry...I assume that removal from that registry will be about as simple, straightforward, swift, and inexpensive as seeking removal from the child protective registry (another horrible legislative creation in Delaware) or the sex offender registry (yes there are folks that are wrongfully on there, many for having taken a pee on the dumpsters behind the bar in Newark after closing while attending UD).

My problem with this is that it is a true first step to the State creating a firearms registration requirement.  Another problem that I have is that this allows a person to waive an inherent constitutional right under the United States and Delaware Constitutions without the benefit of due process and a hearing before a judicial officer where they can be advised of their rights and where a finding by a judicial officer that the waiver is knowing, voluntary, and intelligent can be made upon a record in court.  A third concern, the obvious potential for misuse by the State; imagine a person puts themselves on this list voluntarily. The State Police then use this voluntary registration to form a basis of probable cause upon which to seek a search warrant, go to the registrant's home, seize all weapons, and then felonize them by charging them with possession of a deadly weapon by a person prohibited or alternatively with possession of a firearm by a person prohibited.  This is really not good and it is precisely the reason that a judicial determination and oversight are required when a person is relinquishing constitutional rights.

Oaklandopen

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Re: ...And Another Piece of Horrible Proposed Legislation
« Reply #1 on: April 26, 2024, 01:59:18 PM »
I'm not sure who would do this

Mayyybe someone with suicidal tendencies but there are about a billion other ways to succeed

Just sounds unnecessary to the point there must be something else nefarious within the legislation

"I'm registering myself to not be able to vote in the next election"

slsharp

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Re: ...And Another Piece of Horrible Proposed Legislation
« Reply #2 on: April 30, 2024, 12:38:21 PM »
Volunteer to be a Person prohibited .... virtue signaling? .... is it possible to ask what is the 'stand' ?

slsharp

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Re: ...And Another Piece of Horrible Proposed Legislation
« Reply #3 on: May 01, 2024, 12:19:41 PM »
...or REASON, does there not have to be a problem in order for 'them' to propose legislation in the first place?
-Simon

Clarence

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Re: ...And Another Piece of Horrible Proposed Legislation
« Reply #4 on: May 01, 2024, 02:38:56 PM »
I would ad an amendment to allow someone to ban themselves from being on a high bridge.  Or owning a piece of rope.
DE MD PA VA FL ccw. NRA Life Member. DSSA member. Sussex County

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