Delaware Concealed Carry Forum
State News & Gun News => Delaware News => Topic started by: groundgrid on March 31, 2013, 12:15:38 AM
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Link to the bill:
http://www.legis.delaware.gov/LIS/lis147.nsf/2bede841c6272c888025698400433a04/e5fce345a86c00d685257b2c0065f611?OpenDocument
I assume that my original post on this bill was lost due to whatever took the server down of Friday.
If it was taken down on purpose, let me know.
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Here is the link Jeff Speigelman sent.
http://legis.delaware.gov/LIS/lis147.nsf/vwLegislation/SB+37/$file/legis.html?open (http://legis.delaware.gov/LIS/lis147.nsf/vwLegislation/SB+37/$file/legis.html?open)
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SPONSOR:
Sen. Marshall & Rep. Barbieri & Rep. Heffernan
DELAWARE STATE SENATE
147th GENERAL ASSEMBLY
SENATE BILL NO. 37
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND ASSAULT WEAPONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 5, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§ 1462. Manufacture, production, possession, delivery, sale, or purchase of assault weapon; class F or class E felony.
(a) The term “assault weapon” means:
(1) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following characteristics:
a. A folding or telescoping stock;
b. A pistol grip that protrudes conspicuously beneath the action of the weapon;
c. A thumbhole stock;
d. A second handgrip or a protruding grip that can be held by the non-trigger hand;
e. A bayonet mount;
f. A flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle break, or muzzle compensator;
g. A grenade launcher or flare launcher; or
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds, or an overall length of less than 30 inches or 762 mm; or
(3) A semiautomatic shotgun that has at least one of the following characteristics:
a. A folding or telescoping stock;
b. A thumbhole stock;
c. A second handgrip or a protruding grip that can be held by the non-trigger hand;
d. A fixed magazine capacity in excess of seven rounds;
e. An ability to accept a detachable magazine; or
(4) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least one of the following characteristics:
a. A folding or telescoping stock;
b. A thumbhole stock;
c. A second handgrip or a protruding grip that can be held by the non-trigger hand;
d. Capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip;
e. A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
f. A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned;
g. A manufactured weight of fifty ounces or more when the pistol is unloaded; or
h. A semiautomatic version of an automatic rifle, shotgun or firearm; or
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6) A revolving cylinder shotgun;
(7) All of the following specified rifles:
a. All AK series including, but not limited to, the models identified as follows:
b. Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
c. Norinco 56, 56S, 84S, and 86S.
d. Poly Technologies AKS and AK47.
e. MAADI AK47 and ARM.
f. UZI and Galil.
g.Beretta AR-70.
h. CETME Sporter.
i. Colt AR-15 series.
j. Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110C.
k. Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
l. MAS 223.
m. HK-91, HK-93, HK-94, and HK-PSG-1.
n. The following MAC types:
o. RPB Industries Inc, sM10 and sM11.
p. SWD Incorporated M11.
q. SKS with detachable magazine.
r. SIG AMT, PE-57, SG 550, and SG 551.
s. Springfield Armory BM59 and SAR-48.
t. Sterling MK-6.
u. Steyer AUG.
v. Valmet M62S, M71S, and M78S.
w. Armalite AR-180.
x. Bushmaster Assault Rifle.
y. Calico M-900.
z. J&R ENG M-68.
aa. Weaver Arms Nighthawk.
(8) All of the following specified pistols:
a. UZI.
b. Encom MP-9 and MP-45.
c. The following MAC types:
d. RPB Industries Inc, sM10 and sM11.
e. SWD Incorporated M-11.
f. Advance Armament Inc, M-11.
g. Military Armament Corp. Ingram —11.
h. Intratec TEC-9.
i. Sites Spectre.
j. Sterling MK-7.
k. Calico M-950.
l. Bushmaster Pistol.
(9) All of the following specified shotguns:
a. Franchi SPAS 12 and LAW 12.
b. Striker 12.
c. The Streetsweeper type S/S Inc, SS/12.
(10) Provided, however, that such term does not include:
a. Any rifle, shotgun or pistol that
i. Is manually operated by bolt, pump, lever or slide action;
ii. Has been rendered permanently inoperable; or
iii. Is an antique firearm as defined in 18 U.S.C. 921(a)(16);
b. A semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;
c. A semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine; or
d. A rifle, shotgun or pistol, or a replica or a duplicate thereof, specified in appendix a to 18 u.s.c. 922 as such weapon was manufactured on October First, Nineteen Hundred Ninety-Three. The mere fact that a weapon is not listed in appendix a shall not be construed to mean that such weapon is an assault weapon;
e. Any firearm, rifle, or shotgun that was manufactured at least fifty years prior to the current date, but not including replicas thereof, that is validly registered in the state.
(b) Except as provided in subsections (c) and (d), it is unlawful for any person within this State, beginning 120 days after the effective date of this Section, to knowingly manufacture, produce, deliver, sell, purchase, or possess or cause to be manufactured, produced, delivered, sold, purchased, or possessed, an assault weapon.
(c) A person who legally possessed an assault weapon prohibited by subsection (b) before the effective date of this section may continue to legally possess the assault weapon provided that the person has provided proof of ownership to the Delaware State Police within 120 days after the effective date of this section as required by law. On or after the effective date of this Section, such person may transfer such assault weapon only to an heir, or a dealer licensed as a federal firearms dealer.
(d) This section does not apply to or affect any of the following:
(1) This section shall not apply to any law enforcement or police officer, or to any security officer as defined in Chapter 13 of Title 24.
(2) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of the United States or the Delaware National Guard, while in the performance of their official duties or while traveling to or from their place of duty.
(4) Manufacture, transportation, or sale of assault weapons to persons authorized under paragraphs (1) through (3) of this subsection to possess those items.
(e) A violation of this section is a class F felony. A second violation of this section within ten years of the first violation is a class E felony.
Section 2. Amend §1457, Chapter 5, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike though as follows:
§ 1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F: class A or B misdemeanor.
(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.
(b) The underlying offenses in Title 11 shall be:
(1) Section 1442. -- Carrying a concealed deadly weapon; class G felony; class D felony.
(2) Section 1444. -- Possessing a destructive weapon; class E felony.
(3) Section 1446. -- Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
(4) Section 1448. -- Possession and purchase of deadly weapons by persons prohibited; class F felony.
(5) Section 1452. -- Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
(6) Section 1453. -- Unlawfully dealing with martial arts throwing star; class B misdemeanor.
(7) Section 1462. -- Manufacture, production, possession, delivery, sale, or purchase of an assault weapon; class F or class E felony.
SYNOPSIS
This act would add a new section 1462 to Title 11 of the Delaware Code and set in place a prospective prohibition against the manufacture, production, delivery, sale, or purchase of assault weapons. Persons who legally possess assault weapons at the time the act goes into effect may continue to possess them legally, but must provide proof of ownership to the Delaware State Police within 120 days of the effective date of the act.
A first violation of the new section 1462 would be a class F felony, which carries a maximum sentence of up to 3 years to be served at Level V. A second violation within ten years of the first violation would be a class E felony, which carries a maximum sentence of up to 5 years to be served at level V.
Presently, California, Connecticut, Massachusetts, New Jersey, New York, and the District of Columbia are reported to have enacted legislation placing restrictions on assault weapons. Other states are considering such legislation.
This act would also make it unlawful to violate the new Section 1461 in a Safe School and Recreation Zone, pursuant to Title 11 of the Delaware Code, Section 1457.
Author: Sen. Marshall
Sen. Marshall sure hates gun owners!!
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(3) A semiautomatic shotgun that has at least one of the following characteristics:
a. A folding or telescoping stock;
b. A thumbhole stock;
c. A second handgrip or a protruding grip that can be held by the non-trigger hand;
d. A fixed magazine capacity in excess of seven rounds;
e. An ability to accept a detachable magazine; or
OK, no more Saigas... not just the Saiga-12, but any 20-gauge or .410 models.
My initial response to this is <expletives deleted>.
My more reasoned response is: Go ahead, make me sell my Saiga-12 and the magazines for it...
I've never voted for a Republican in my life, but I'll sell the shotgun legally and donate the proceeds to whoever runs against Markell.
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There are those who would never vote for a Republican, and those who would never vote for a Democrat, both would be wrong. we can now see the error of this type of political thinking. Do you homework and vote for the person who supports your values and issues. Ask them where they stand on an issue important to you, without giving them a clue to your thinking. If they avoid the question, ask them again. Do not vote for someone solely because of their party affiliation. If you do you are part of the problem.
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There are those who would never vote for a Republican, and those who would never vote for a Democrat, both would be wrong. we can now see the error of this type of political thinking. Do you homework and vote for the person who supports your values and issues. Ask them where they stand on an issue important to you, without giving them a clue to your thinking. If they avoid the question, ask them again. Do not vote for someone solely because of their party affiliation. If you do you are part of the problem.
Agreed
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Just a note to let you all know that SB-37 is an exact copy of New York's gun bill.
This just goes to show that Senator Marshall either does not have the time, or he can't craft a bill that is pertinent to the state of Delaware.
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too much to even want to whip out the eye bleach on...
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(http://ts4.mm.bing.net/th?id=H.4970167123248771&pid=1.7&w=171&h=155&c=7&rs=1)
(http://ts3.mm.bing.net/th?id=H.4930112255166078&pid=1.7&w=189&h=145&c=7&rs=1)
I found my next two rifles... pump me up.
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I'm having a hard time understanding f. It almost sounds like they could be trying to include a slide in that sentence without saying it directly.
(4) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least one of the following characteristics:
a. A folding or telescoping stock;
b. A thumbhole stock;
c. A second handgrip or a protruding grip that can be held by the non-trigger hand;
d. Capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip;
e. A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
f. A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned;[/font]
g. A manufactured weight of fifty ounces or more when the pistol is unloaded; or
h. A semiautomatic version of an automatic rifle, shotgun or firearm; or
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A b and c are allready law from my understanding
Sounds like desert eagle might be banned?
And threaded barrels eh?
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I'm having a hard time understanding f. It almost sounds like they could be trying to include a slide in that sentence without saying it directly.
f. A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned;[/font]
AR pistols????
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If I am reading this correctly owning a stripped AR lower right now would still grandfather me into being able to own an AR if this bill is passed, correct? I have been wanting an AR for a while now but just haven't had the funds, but I could pick up a stripped lower now if need be.
Thanks.
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Based on what I read into the proposed law, yes WITH registration. But IANAL.
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Thanks. I don't like the idea of having to register it, but it is still better than nothing I suppose.
Now I just need to find a place that won't price gauge the hell out of me for a lower.
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Rep. Jeff Spiegelman said the following amendment was passed on SB35-
"-Provided a provision that specifically says that the background checks and the paper work needed for the checks are not to be used for any form of gun registration, gun owner database, or subject to the Freedom of Information Act"
Looks like SB37 is trying to remove this from SB 35 that passed.
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Based on what I read into the proposed law, yes WITH registration. But IANAL.
There was argument on the first go around ban years ago, that it has to be a complete rifle to be a rifle, even tho, the frame is the registered part. Because when you put it together, you are manufaturing at that point.
So, put it all together, take a time stamp photo.
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Ok thanks. I wasn't aware of that.
How would they even know though. I would imagine that when the times comes that they have to be registered that we wouldn't actually have to take the firearms down to the police station. Who knows though, I could be completely wrong about that.
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Looks like SB37 is trying to remove this from SB 35 that passed.
SB 35 does not exist in this GA. HB35 in this GA eliminates the F2F
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Here is the latest update to SB 37.
"Sen. Robert Marshall, the sponsor of the assault weapons bill, said the legislation was an early draft that was mistakenly filed in the Senate. A different piece of legislation, minus the registration component, will be filed in place of Marshall’s current bill when the General Assembly returns to session April 16."
"Marshall, a Wilmington Democrat, said an "error by staff" resulted in the wrong draft being filed. He said there was miscommunication between Attorney General Beau Biden's office and his office in the Senate. Biden and his staff were leading the effort on on the assault weapons ban. "I thought I had the Attorney General's draft," Marshall said."
-I don't believe this for a minute. Political cover-up.
If you want to read the complete article, link is below.
http://www.delawareonline.com/article/20130403/NEWS02/130403015?fb_comment_id=fbc_531968196855281_16422350_531978806854220 (http://www.delawareonline.com/article/20130403/NEWS02/130403015?fb_comment_id=fbc_531968196855281_16422350_531978806854220)
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as in ....ooopppsss, this is the bill we want, not the one we want you to see????
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Right it was a mistake, but when Shannon Alford challenged that registration always leads to confiscation Marshall defended what was in the "wrong" bill!
Keep fighting it.
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Shannon's the best friend we have right now.
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We need to make it very clear to AG Biden that his political career is over. Delaware is not the place for radical thinking.
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We need to make it very clear to AG Biden that his political career is over. Delaware is not the place for radical thinking.
Really?!? I did not vote for him, nor will I ever. But, the CLUELESS people will see a name they've seen before and just put a vote in that column.
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This is them testing the water. Now they come back with a slightly less horrible bill and ask how can we possibly oppose this new bill? It's so much better that the one that was mistakenly submitted. Those gun people are so unreasonable.
Right out of the Saul Alinsky playbook.
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Schmenge,
I absolutely agree with you. The "Play Book" of the Liberal/Progressive Left is Saul Alinsky's Rules for Radicals. The sooner people realize this, the sooner they will see what is going on in America. Both Obama and Hillary Clinton are great fans of Alinsky and his rules. They have admitted it, and still the sheep are following the "wolves".
If anyone wants to see their "Play Book" click here:
http://www.bestofbeck.com/wp/activism/saul-alinskys-12-rules-for-radicals
Read these 12 rules and get to know them and you will see, everything thay are doing is tied to these 12 Rules. Rule 11 covers the submitting one bill then pulling it back in lieu of another that is less threatening, yet gets them what they wanted all along.
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Keep the cards and letters coming!
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If President Obama wants to take our guns, isn't he taking away our means to protect our right to freedom? Wasn't the 2nd Amendment given to us to protect our 1st Amendment rights? It's not by chance that those are the first two amendments. They were the two most important gifts our Founders gave the American people.
"I think it is terrible for someone to use a national tragedy for political gain, don't you? So, when I heard Mr. Obama issued 23 gun control orders in the wake of the Newtown tragedy, I was upset. I was taught executive means to execute laws -- not make them. When did that change? Didn't the president swear an oath to uphold the U.S. Constitution? Doesn't the 2nd Amendment state: "the right for people to keep and bear arms shall not be infringed." Tell me how 23 orders on gun control is not an infringement. Can someone please tell me that? Has King George returned?
So I ask myself, what gun would our Founders want their citizen militia to have today to protect us from a government greedy for power. I think Thomas Jefferson would recommend a semi-automatic rifle with 50-round clips, and pistols that hold 20. But, I'm sure George Washington would demand these arms.
Maybe the question we should be asking is what caused the morality of the United States to decay? Are parents no longer teaching their kids "thou shalt not kill?"
I want to live in an America with laws that protect the best people on Earth, not the worst, don't you? Wouldn't that be more free? Wouldn't that be more American? Isn't freedom what America is all about? The right to bear arms is our best guarantee to live free. "
Most of you have read this before in one form or another, but it bears worth repeating and sending a copy to your elected officials!
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http://www.bbc.co.uk/news/world-us-canada-22035335
So, the shrink in the Movie thearter shooting Warned police? So , this in my eyes, shifts some blame away from the evil black rifle?
So the left was using this as a paw piece on there side for banning the ar, but if police infact dropped the ball, and this could have been prevented, just like the CT shooter, who had a altercation a week earlier,
what is your thought peasants , on how to write this into your letters?
We must send pony express to our king.
bahahahhha. I said king.
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http://www.usatoday.com/story/news/nation/2013/04/04/colorado-theater-james-holmes-records/2054753/
Records show Colorado university psychiatrist warned police a month before July mass shooting that suspect had homicidal thoughts and was a public danger.
In releasing the arrest and search warrant affidavits and other documents, District Judge Carlos Samour, the new judge overseeing the case, ruled that neither the prosecution nor defense had convinced him that making the files public would cause harm or that keeping them sealed would prevent harm.
So, they wanted the information , of police dropping the ball for a month? That the police had a Fudging month to do something, to see if he owned guns? R U serious. ? I do believe that, this needs to be in everybodys letters , re written. we should not take the blame, and loose rights , because the police, who have no duty to protect us. chose not to do so.
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If I am reading this correctly owning a stripped AR lower right now would still grandfather me into being able to own an AR if this bill is passed, correct? I have been wanting an AR for a while now but just haven't had the funds, but I could pick up a stripped lower now if need be.
Thanks.
I picked up 2 stripped lowers from PSA for $129 each. They seem to have a few in stock each day around 6pm. I think that is near normal pricing for them. Better than 200-300 I had heard people paying. Hopefully, if this law passes, they do not have to be complete rifles to qualify.
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Can anyone come up with a list of probable gun owners in Sen. Marshall's district?
I have the resources to stage an e-mail, snail mail campaign to rally them in advance of the next bill being introduced.
Any idea how we can compile lists for each district?
I will agree to keep this information secure-Please PM if you have access to anything useful.
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Thanks. I don't like the idea of having to register it, but it is still better than nothing I suppose.
Registration will eventually lead to owning NOTHING.
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As mentioned by #TwistedKarma, SB 37 was the "wrong" bill. It was "Stricken" from the committee agenda on 4/3. We need to keep watching http://legis.delaware.gov/Legislature.nsf?open for the reincarnation of the correct bill per Alinsky's Rule 11.
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We need to make it very clear to AG Biden that his political career is over. Delaware is not the place for radical thinking.
Sadly I think you have the wrong state. Mabye until the late 60s early 70s Delaware did not have radical thinking. I will say since the 1990's it has been fully embraced.
Biden could probably do almost anything and get re-elected in this state. Remember Obama carried the state by large margins both times.