Just received this....
Friends for Jeff Spiegelman,
We really scored a victory on Wednesday. The background check bill was supposed to be the least controversial part of the anti-gun package. But the bill has holes that were exposed in committee thanks to the diligence of people just like you. Darn fine work. It shows what can happen when the public is willing to stand up to a bad law. The discussion is not over, and the bill will be back in committee next week, but you all should feel proud of what you have accomplished so far.
On to the magazine bill- Below are a list of concerns that I do not believe are answered in the bill or in other parts of Delaware law. Please feel free to share this with whomever you like. Thanks to our victory last Wednesday I have no idea when this bill will come up in committee, but I will keep you informed.
Concerns with the Magazine Ban bill (in no particular order);
1. The law says nothing about transportation. So what is to stop a person who means to do harm from simply buying a magazine in PA or VA? If the answer is nothing, then is this law just an inconvenience and does not actually do what it is intended to do?
2. What is the purpose of making .22 caliber magazines illegal?
3. Is a private area typically used for a range, but not necessarily considered a shooting range, excluded?
4. Why are military and police excluded?
5. If I have a magazine with me at a gun range, and I purchase a firearm, will I have to make two separate trips in order to get the firearm and the magazine home?
6. What if I am on my way to a gun store, but not a shooting range, in order to sell the firearm. Will I have to make two trips in order to get both the firearm and the magazine to the store?
7. If I borrow a firearm from a family member, will I have to make two trips in order to get the firearm and magazine back to my house but not necessarily to a shooting range?
8. If a person has intent to do murder with a firearm that accepts a high capacity magazine, is it realistic to expect that person to follow this law?
9. If I am in a public place and I have the magazines, and a friend or relative has the firearm, will that be a crime?
10. The use of the term "possession" to mean dominion and authority. This makes regular capacity magazines the same as drugs.... For example, if my roommate has a firearm with magazines in his car. I'm not totally aware of whether they are high capacity or not. They are in my general vicinity/in the car. Am I guilty of illegal possession under the statute?
11. What is the definition of "stored in a manner to prevent its immediate use"? How will this be enforced if I have the magazine and firearm in the same place?
12. It has been proven that most home invasion situations happen by multiple people. It says in the Delaware Constitution that I have the right to protect my self, home, and family. By not allowing a law abiding gun owner to purchase a magazine capable of exercising this right, is it constitutional? In other words, is it a violation to deprive a person of a reasonable ability to practice what rights they have?
13. Police use high capacity magazines because they may have to fight multiple assailants. Home owners in Delaware often face the same threat. Should they not have the same fighting chance?
14. There are tubular magazines that hold more than 10 rounds that are not 22. Will this law ban those firearms?
15. How many crimes in Delaware will this law prevent compared to how many legal activities?
16. The law appears to say that a magazine can be repaired. Can it be sent back to the factory? If found defective (many have long warranties) can the factory ship out a new one?
17. 10 round magazines can be easily converted to hold more rounds than would be legal. How would this law prevent that? How would the law know if this has occurred?
18. This law would prevent private sales of magazines. How would that be enforced? How would the law know if a magazine was purchased through a private sale if the magazines themselves do not have serial numbers?
19. Will citizens still be able to exercise their 4th and 5th Amendment rights if questioned by police when stopped with high capacity magazines in their vehicle? Will high capacity magazines constitute probable cause for searching a person or their property?
20. Many firearms that would be covered by this bill fall under the Curio and Relic category. In other words, they are primarily collectors' guns and therefore do not have magazines made for them that would be in compliance with this law. Will outlawing the collecting of these firearms by default really make the state a safer place?
21. There are events and sports that use firearms with magazines that need to be more than 10 rounds. Will outlawing these events by default really make the state a safer place?
That is all for now. This is a GREAT list of questions. I will be sending it to my leadership in the house as well as to the different organizations around the state that are fighting to protect your 2nd Amendment rights.
Thank you,
Jeff Spiegelman
Representative 11th District
Dover: 302-744-4171
Wilmington: 302-577-8723
Cell: 302-399-7728
Fax: 302-739-2773
Constituent: jeff.spiegelman@state.de.us
Personal: jeff@jeffderepresentative.com
Legislative Hall: PO Box 1401. Dover, DE 19903
Personal: PO Box 869. Clayton, DE. 19938
www.jeffspiegelman.comwww.jeffderepresentative.com