This is what I received from Counciman Tansey's Office.
Introduced by: Mr. Tansey
Date of Introduction:
ORDINANCE NO. 09 -
AMENDING NEW CASTLE COUNTY CODE CHAPTER 10 (CIVIL EMERGENCIES)
REGARDING THE EXERCISE OF EMERGENY POWERS
WHEREAS, during the aftermath of Hurricane Katrina, local and state authorities in and
around New Orleans, LA, declared a state of emergency and then used that state of emergency as
an excuse to confiscate arms from law abiding citizens who were either relying upon those arms
for the defense of self, family or home or were in the process of removing those arms from a
place of danger to a place of safety so as to deprive the criminal element then present access to
those arms; and
WHEREAS, in response to such unlawful conduct by such local and state authorities, the
State of Delaware, as well as many other jurisdictions, enacted clarifying legislation to ensure that
the declaration of a state of emergency can never be used as an excuse to infringe upon the
constitutional right to bear arms; and
WHEREAS, the County desires to amend the County Code section that empowers the
County Executive to declare a state of emergency to clarify that any restraints imposed cannot
infringe upon the constitutional right to keep and bear arms for the defense of self, family, home
and State; and
WHEREAS, Council finds that the provisions of this ordinance are rationally and
reasonably related to legitimate government interests, including, but not limited to, the
protection and preservation of the public health, safety, prosperity, general welfare and quality of
life.
NOW, THEREFORE, THE COUNTY OF NEW CASTLE HEREBY ORDAINS:
Section 1. New Castle County Code Chapter 10 (Civil Emergencies), Article 2 (County
State of Emergency), Section 10.02.001 (Issuance of proclamations; imposition of restraints) is
hereby amended by deleting the stricken material and adding the material that is underscored, as
set forth below.
Sec. 10.02.001. Issuance of proclamations; imposition of restraints.
Upon a determination by the County Executive that there is a clear and present danger to the
health, life or safety of the people or property in any part of the County, the County Executive
may issue a proclamation declaring a state of emergency and may impose such restraints and
requirements, including but not limited to periods of curfew or limitations upon the congregating
of persons in streets, roads, parks or public open spaces [or limitations upon the carrying or
stockpiling of firearms, weapons or ammunition] as in his or her judgment are proper in order to
protect and preserve the health, life and safety of the people and property in the County. During
an emergency or disaster: (1) Nothing contained in this section shall be construed as granting the
power to suspend or limit the right of law abiding citizens to keep and bear arms for defense of
self, family, home and State as guaranteed by Article I, § 20 of the Delaware Constitution; and (2)
Nothing contained in this section shall prevent law-abiding citizens, during such emergency or
disaster, from taking reasonable steps to safeguard their arms from destruction, looting or theft, including but not limited to their removal of such items from areas of danger to locations of
relative safety.
Section 2. This ordinance shall become effective immediately upon passage by New
Castle County Council and approval of the County Executive or as otherwise provided in 9 Del.
C. § 1156.
Adopted by County Council of
New Castle County on:
_________________________
President of County Council of
New Castle County
Approved on:
______________________
County Executive
New Castle County
SYNOPSIS: This amendment provides that the right to bear arms as guaranteed by Article I,
Section 20 of the Delaware Constitution guaranteeing law abiding citizens “to keep and bear arms
for the defense of self, family, home and State” cannot be infringed during a state of emergency
declared by the County.
After this is succesfully passed. I will be attempting to change the NCC Park Regulation.
I encourage all of us to call our County Council member to vote in favor of this change.
