Delaware Concealed Carry Forum
State News & Gun News => Delaware News => Topic started by: ThePixelated on May 07, 2014, 09:55:01 PM
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From the NRA-ILA:
This week, NRA-ILA learned of a potential bill being circulated in the Delaware General Assembly that would prohibit the manufacture, sale, transfer or possession of a firearm, firearm component or accessory including ammunition that is “undetectable” by standard metal detectors. While its language is not currently available, reports indicate that this legislation is being circulated by anti-gun state Senator Harris McDowell (D- Wilmington) as Senate Bill 137. SB 137 would go far beyond existing federal law banning undetectable firearms, and because of flaws in the definitions used in this bill, has the potential to ban possession of virtually ALL magazines and ALL modern cartridge ammunition. This legislation is yet another example of anti-gun legislators attempting to regulate technology they do not understand, and address a problem which doesn’t exist.
SB 137 could be introduced as early as TODAY. It is important that you contact your state Senator and state Representative TODAY and preemptively oppose this attack on your rights by respectfully asking them to OPPOSE SB 137.
Got it in an email today and from the web: http://www.nraila.org/legislation/state-legislation/2014/5/delaware-anti-gun-bill-being-circulated-in-dover-your-action-is-needed.aspx (http://www.nraila.org/legislation/state-legislation/2014/5/delaware-anti-gun-bill-being-circulated-in-dover-your-action-is-needed.aspx)
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I just checked the State of Delaware legislative site and the bill has not been introduced as of this time.
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I just checked the State of Delaware legislative site and the bill has not been introduced as of this time.
Correct.
"First, let me apologize for the poor quality. This bill was circulated today for cosponsors and I only had a couple of seconds to take a picture of it with my cell phone. In other words, it is not even online for public viewing yet.
Here are my initial thoughts about the bill;
-How do you enforce this if 3d printers are legal, the computer file needed for the 3d printer is legal, and neither are traceable?
-Why does the bill mention parts that are not part of the legal definition of a firearm (in other words, by the letter of this law, after the mentioned parts are removed, the gun could still retain metal sights or other parts and be legal or illegal? If the whole firearm is plastic for a metallic serial number plate, is that illegal?)
-Is the plastic magazine and similar parts illegal or only illegal when attached to a legally defined firearm?
-Is there an official hand held metal detector setting? Commercial metal detectors can detect the iron content of a person's blood.
-What is undetectable ammunition?
-What is an undetectable magazine?
-Will existing firearms/parts be grandfathered? How would it be known if they are pre or post ban if printed firearms and parts are not dated?
What do you think?"
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Simply put, its a Bad Bill. It should not be modified, appended or appeased but rejected and not passed. With any hope it'll not even get that far.
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It posted today
http://legis.delaware.gov/LIS/lis147.nsf/vwLegislation/SB+137/$file/3081470159.docx?open
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Section 1. Amend Chapter 14, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
11 Del C §1446B Undetectable Firearms.
(a) Any person in this state who manufactures or causes to be manufactured, or who knowingly imports into the state for sale, keeps for sale, or offers or exposes for sale, transfers or receives, or who possesses any undetectable firearm, firearm receiver, ammunition, or magazine designed to hold ammunition is guilty of a class G felony.
(b) As used in this section, an "undetectable firearm" means any firearm which, after removal of grips, stocks, and magazines, is not detectable by a metal detector or magnetometer because there is no material permanently affixed that would be detectable by a metal detector or magnetometer, either handheld or otherwise, that is set at standard calibration.
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I've got about 2000 rounds of all plastic .308 "practice ammunition" from Germany.
Guess that I'll be spending a long time in jail if the bill passes.
"is not detectable by a metal detector or magnetometer"
Note that the qualifier "either" is not included.
Brass shell casings & most loaded rounds cannot be detected with a magnetometer & therefore almost all ammunition could potentially
be illegal. Just tested both with a metal detector wand. At a typical medium sensitivity setting, brass is only detectable within about an inch & only if
you scan over it slowly. Loaded 9mm needs to be within about 3 inches.
In any case, letter has been sent to my rep & senator. So much for the notion that no new gun legislation would be introduced this session.
See you at the committee hearing.
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letter sent to senator Ennis.. they can't help themselves...
and you can't believe a word they say..
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I emailed each of the Senate Public Safety Committee ;D
I hope everyone else who see's this gets involved as well ! ;)
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From the NRA-ILA:
This week, NRA-ILA learned of a potential bill being circulated in the Delaware General Assembly that would prohibit the manufacture, sale, transfer or possession of a firearm, firearm component or accessory including ammunition that is “undetectable” by standard metal detectors. While its language is not currently available, reports indicate that this legislation is being circulated by anti-gun state Senator Harris McDowell (D- Wilmington) as Senate Bill 137. SB 137 would go far beyond existing federal law banning undetectable firearms, and because of flaws in the definitions used in this bill, has the potential to ban possession of virtually ALL magazines and ALL modern cartridge ammunition. This legislation is yet another example of anti-gun legislators attempting to regulate technology they do not understand, and address a problem which doesn’t exist.
SB 137 could be introduced as early as TODAY. It is important that you contact your state Senator and state Representative TODAY and preemptively oppose this attack on your rights by respectfully asking them to OPPOSE SB 137.
Got it in an email today and from the web: http://www.nraila.org/legislation/state-legislation/2014/5/delaware-anti-gun-bill-being-circulated-in-dover-your-action-is-needed.aspx (http://www.nraila.org/legislation/state-legislation/2014/5/delaware-anti-gun-bill-being-circulated-in-dover-your-action-is-needed.aspx)
I had 1 response already to my surprise ----------->
Joseph,
I completely agree with you about this proposed legislation being too vague.
I will not sign it out of committee, and if it does make it to the Senate floor I will not vote for it.
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FLAP! Yahoo mail is not being nice this morning.
I emailed Patty Blevins and received a reply. She said
she has not talked to the sponsor of the Bill yet to
have an opinion.
Will post the emails once Yahoo mail stops being a PITA.
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Senator Ennis reply: I will vote "NO" SB 137
He is a Second Amendment supporter.
I asked him why it has him as a co-sponsor?. He will remedy that with a " Withdraw of Sponsorship Request " form. he does not
recall of ever signing on to it..
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Senator Ennis reply: I will vote "NO" SB 137
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I asked him why it has him as a co-sponsor?. He will remedy that with a " Withdraw of Sponsorship Request " form. he does not recall of ever signing on to it..
He isn't a sponsor now
http://legis.delaware.gov/LIS/lis147.nsf/vwLegislation/SB+137?Opendocument
Primary Sponsor: McDowell Additional Sponsor(s): Rep. Keeley
CoSponsors: Sens. Peterson, Henry, Marshall, Sokola, Townsend & Reps. J. Johnson, Brady, Heffernan, Potter, Jaques
Introduced on : 05/08/2014
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I support the bill 100%. There is no reason whatsoever to produce weapons that cannot be detected, this prohibition should be on the Federal level as well.
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Sent this to the Senate Public Safety Committee and my reps
Hon. Senators;
Questions on SB 137:
1. Is the federal law insufficient? In what ways?
2. What credible threat are you addressing in Delaware?
3. What will this bill cost in implementation and enforcement?
4. How do you parse "undetectable firearm, firearm receiver, ammunition, or magazine designed to hold ammunition"? Is it "undetected firearm, any firearm receiver..." or is it intended to say "undetectable firearm, undetectable firearm receiver"?
5. What are the calibration standards for metal detectors and magnetometers? A reference to the federal standards is necessary.
6. Is it either a magnetometer or metal detector, i.e., fail either one, or fail both?
7. Does "knowingly" apply to all the subitems, e.g., "knowingly possesses"? As written that is not clear.
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Senator Ennis reply: I will vote "NO" SB 137
He is a Second Amendment supporter.
I asked him why it has him as a co-sponsor?. He will remedy that with a " Withdraw of Sponsorship Request " form. he does not
recall of ever signing on to it..
Thought that sounded fishy. Happy to hear he is against.
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Me too.....
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From an NRA-ILA email I got today:
On Wednesday, June 11, Senate Bill 137, sponsored by anti-gun state Senator Harris McDowell (D-1), will be heard in the Senate Public Safety Committee. SB 137 would prohibit the manufacture, sale, transfer or possession of a firearm, firearm component or accessory, including ammunition, which is “undetectable” by standard metal detectors. SB 137 would go far beyond existing federal law banning undetectable firearms, and because the definitions used in SB 137 are so vague, this measure has the potential to ban possession of many magazines and common cartridge ammunition.
It is critical that you contact your state Senator TODAY and respectfully urge him or her to OPPOSE SB 137. Contact information for your state Senator can be found here.
Your NRA-ILA will continue to keep you updated when more information is available.
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Blevins called and emailed. WAITING for her reply and position on it.
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Senator Hall-Long is opposed to SB-137
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I also emailed all the people on the committee asking them to disregard this bill.
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Emailed Karen Peterson, no response yet. She is a co-sponsor though. Will advise when (if) I receive an answer from her. ~ Rob.
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Emailed Karen Peterson, no response yet. She is a co-sponsor though. Will advise when (if) I receive an answer from her. ~ Rob.
Her response:
Thank you for taking the time to write to me. I appreciate your input.
Sen. Karen Peterson
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Dis anyone go to the committee hearing today and/or know how it went?
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I received a call from Patty Blevins office last night.
I dont think it came out of committee.
She said she was receiving some calls expressing concern about this Bill.
Lets keep up the pressure.
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I support the bill 100%.
Magnetometer, will this detect ONLY ferrous metals?
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http://legis.delaware.gov/LIS/LIS147.nsf/vwLegislation/SB+137?Opendocument shows bill still in committee. They added one amendment that corrects bill reference. I sent the e-mail in Reply # 13 to my rep Jaques asking for a response to the questions.
147th General Assembly
Senate Bill # 137
Primary Sponsor: McDowell Additional Sponsor(s): Rep. Keeley
CoSponsors: Sens. Peterson, Henry, Marshall, Sokola, Townsend & Reps. J. Johnson, Brady, Heffernan, Potter, Jaques
Introduced on : 05/08/2014
Long Title: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FIREARMS.
Synopsis of Orginal Bill:
(without Amendments) This bill prohibits the possession, sale and manufacture of a firearm undetectable by metal detectors.
Current Status: Senate Public Safety Committee On 05/08/2014
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Amendments: SA 1 to SB 137 - PWB
Actions History: Jun 10, 2014 - Amendment SA 1 - Introduced and Placed With the Bill in Senate
May 08, 2014 - Assigned to Public Safety Committee in Senate
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We only need to keep it there for the next 18 days.
It will die on its own at the end of this session.
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Over at the USACarry forum (http://www.usacarry.com/forums/delaware-discussion-firearm-news/45191-sb-137-a.html) I read this:
The bill went to committee, two Republican Senators tried to get a vote to table the bill. The committee chair would not allow a vote, and instead, told the bill's sponsor to re-write the bill. He said that he had not written it, but Biden's office had. We can expect to see a new version of 137 in the future, be aware!
The fella who wrote the above did not list any sources but I thought I would pass it along to see if anyone else had heard this.