Delaware Concealed Carry Forum
State News & Gun News => Delaware News => Topic started by: groundgrid on January 16, 2014, 04:34:57 AM
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SB-23 Seeks to remove the premtion of local firearms regulations.
This bill is on the Senate Judiciary Committee schedule to be heard on Jan 22 at 1:30pm.
I don't know if this is intentional or if it was automatically scheduled.
Pease contact Senator Marshall ASAP & tell him where to shove it.
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I'm having trouble finding where it states that this bill is on the Senate Judiciary Committee schedule to be heard on Jan 22 at 1:30pm. It's probably me, not searching in the right place.
Anyway, for those that are interested in reading what this bill is all about...
SB-23: http://legis.delaware.gov/lis/lis147.nsf/vwlegislation/E0FFAF089E89235185257B2C006257F3 (http://legis.delaware.gov/lis/lis147.nsf/vwlegislation/E0FFAF089E89235185257B2C006257F3)
This act would repeal Section 111 of Title 22 of the Delaware Code in its entirety, and eliminate the limitations imposed upon municipalities to regulate firearms and ammunition within their jurisdictions.
Section 11 of Title 22: http://www.delcode.delaware.gov/title22/c001/#111 (http://www.delcode.delaware.gov/title22/c001/#111)
The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed. Notwithstanding the provisions of this section to the contrary, the City of Wilmington may, in addition to the nature and extent of regulation permitted by this section, enact any law or ordinance governing the possession or concealment of a paintball gun within its corporate limits as it deems necessary to protect the public safety.
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Link to meeting schedule:
http://legis.delaware.gov/LIS/lis147.nsf/e9d78be8177d8709852568b00075fa2c/8eadafecaf44c1c485257c60005cc0b0?OpenDocument
How to get there:
go to:
http://legis.delaware.gov/
then click
"Bill Tracking"
then click
"Meeting Notices" under the Senate heading
You will then be able to choose the schedule for each of the committees.
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Another bill to keep an eye on is HB 62. It modifies the same 22 Del C § 111. Limitation on firearm regulations but only for the City of Wilmington.
"Additionally, the City of Wilmington may enact laws, ordinances and/or regulations prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition."
SPONSOR:
Rep. Bolden & Sen. Marshall
Reps. Baumbach, J. Johnson, Longhurst, Potter
Both these bills are regressive. The courts are ruling in favor of the 2nd Amendment, e.g., Chicago and Corps of Engineers. Both bills clearly violate Delaware Constitution Article I Bill of Rights
"§ 20. Right to keep and bear arms.
Section 20. A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.
WE DECLARE THAT EVERYTHING IN THIS ARTICLE IS RESERVED OUT OF THE GENERAL POWERS OF GOVERNMENT HEREINAFTER MENTIONED."
http://delcode.delaware.gov/constitution/constitution-02.shtml#P95_7849
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Link to meeting schedule:
http://legis.delaware.gov/LIS/lis147.nsf/e9d78be8177d8709852568b00075fa2c/8eadafecaf44c1c485257c60005cc0b0?OpenDocument
How to get there:
go to:
http://legis.delaware.gov/
then click
"Bill Tracking"
then click
"Meeting Notices" under the Senate heading
You will then be able to choose the schedule for each of the committees.
Thank You!!!
I was on that site, but couldn't seem to navigate to the proper page.
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SB-23 is now the top item on the list of bills to be considered in the Jan 22nd meeting.
Not sure if this means anything but...
Also, haven't several of us been told that the gun bills will not be brought up this session?
The following are members of the Senate Judiciary Committee:
Patricia M. Blevins
Gregory F. Lavelle
Harris B. McDowell III
F. Gary Simpson
Bryan Townsend
Please contact them early & often.
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Please contact your senator ASAP & ask about their position on this bill.
Post their replies on this thread so that I can track them & add to the voting record spreadsheet.
Thanks
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My reply from Patty Blevins:
I am opposed to SB 23.
I sent this off to Patty Blevins and Larry Mitchell:
Dear Mrs. Blevins;
(CC: John Mitchell)
I hope this finds you well.
I WOULD LIKE A REPLY OR PHONE CALL AS TO YOUR POSITION ON SB 23.
The increase in violent crime is alarming. SB 23 will do NOTHING and have no impact
on a criminals activity, as CRIMINALS do not respect or follow the laws now. Instead, it
could make a criminal out of a law abiding citizen like myself. Currently, we have a set of
uniform laws that cover the entire State. Should SB 23 pass, we would have a laws that
change from one local jurisdiction to the next. If I or any other law abiding citizen did not
know ALL the firearms laws from one jurisdiction to the next, we would become Delawares'
newest criminal.
Should SB 23 pass, do you think a criminal will say, "I cant go into Wilmington with this gun,
it's illegal there?" I don't think so. I think he/she will just do whatever they want.
SB 23 does NOTHING to address the CRIME PROBLEM.
Again, please take the time to email or call me with you position on SB 23.
Thank you,
Radnor
My address and cell number...
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And a little (HOPEFULLY) good news from Jeff Spiegelman:
"I agree. Without her support, it might not even come to the floor for a vote"
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Just sent this e-mail to the SB 23 Sponsors and to my Senator and Representative.
Dear Senators and Representatives
Please provide your position on SB 23, AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPALITIES AND LIMITATIONS ON FIREARM REGULATIONS.
Please respond by e-mail or phone call before considering SB 23 on Wednesday, January 22nd.
Please provide your rationale to violate the Delaware Constitution which states the following in the Bill of Rights
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§ 20. Right to keep and bear arms.
Section 20. A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.
WE DECLARE THAT EVERYTHING IN THIS ARTICLE IS RESERVED OUT OF THE GENERAL POWERS OF GOVERNMENT HEREINAFTER MENTIONED.
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Why are you proposing a change to the Delaware Code that is not in concert with the Delaware Constitution?
Why do you want to create a patchwork of firearms laws in the State of Delaware that only the law-abiding citizens will obey?
Why do you want to ensnare the law-abiding citizen that strayed unknowing into a local fiefdom with an arcane local law? Especially one passed recently?
Why do you want to inhibit the defense of self, family, home and State?
Dover City has a no open carry firearms policy. How’s that working out?
Given Judge Winmill’s order to the Corps of Engineers to stop enforcing the firearms ban, Judge Chang’s ruling that the Chicago ban on sales and transfers of firearms is unconstitutional, Heller I and Heller II, what is the likelihood that SB 23, if passed, will be struck down also?
Sincerely,
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Below if the reply I received from Bethany Hall-Long.. (Middletown)
On Jan 17, 2014, at 12:44 PM, "Hall-Long, Bethany (LegHall)" <Bethany.Hall-Long@state.de.us> wrote:
Hello Adrenolin
I appreciate hearing from you. Thanks for the feedback. I am cc'ing my LA Bryan (Gordon) here as well.
Please know I do not support SB 23 as written & agree with the "patchwork jurisdictional" concerns you raise.
Call on me anytime H 378-8386 or O 744-4039
Yours
Bethany
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And a little (HOPEFULLY) good news from Jeff Spiegelman:
"I agree. Without her support, it might not even come to the floor for a vote"
Who is "her"? Henry? Bolden? Keeley? Don't see anything in the thread to identify her.
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Senator Hall-Long & Blevins have been placed on the NO list
Current probable voting score is as follows:
Nay: 11
Yea: 10
This is based on past voting history on gun bills.
Primary objective is to have it killed in committee.
Getting a 2/3 majority against these bills would go a long way in insuring that they do not continue to come up.
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there is also a HB 62 in there as well, that is kinda the same as SB 23..
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And a little (HOPEFULLY) good news from Jeff Spiegelman:
"I agree. Without her support, it might not even come to the floor for a vote"
Who is "her"? Henry? Bolden? Keeley? Don't see anything in the thread to identify her.
Blevins
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there is also a HB 62 in there as well, that is kinda the same as SB 23..
HB 62 and SB 23 both impact 22 Del C § 111. Limitation on firearm regulations. HB 62 allows Wilmington to make their own laws while SB 23 eliminates the whole section thereby allowing every municipality to make their own firearms laws. SB 23 is before the Senate Judiciary Committee on Wednesday while HB 62 hasn't shown up on the House Administration Committee schedule yet.
Send e-mails to your Senator to tell them politely that they are mistaken. You can find out who they are here: http://legis.delaware.gov/LEGISLATURE.NSF/Lookup/Know_Your_Legislators?open&nav=leginfo
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The following links are for articles that defend our position on SB-23:
http://www.oakpark.com/News/Articles/1-7-2014/More-guns,-less-crime-or-more-guns,-fewer-victims?/
http://abcnews.go.com/Blotter/exclusive-westgate-interpol-chief-ponders-armed-citizenry/story?id=20637341
http://www.breitbart.com/Big-Government/2014/01/03/Study-Concealed-Carry-Saves-Lives-Assault-Weapons-Ban-Had-Little-to-No-Effect
http://www.washingtontimes.com/news/2014/jan/3/newtown-type-mass-shootings-tripled-recent-years-r/
http://wizbangblog.com/2014/01/04/detroit-police-chief-the-city-is-safer-when-good-people-can-carry-a-gun/
This is the most significant:
http://www.tandfonline.com/doi/full/10.1080/13504851.2013.854294#.UtnUpxAo7IV
Please use the information from these articles to educate your senators & reps.
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Below if the reply I received from Bethany Hall-Long.. (Middletown)
On Jan 17, 2014, at 12:44 PM, "Hall-Long, Bethany (LegHall)" <Bethany.Hall-Long@state.de.us> wrote:
Hello Adrenolin
I appreciate hearing from you. Thanks for the feedback. I am cc'ing my LA Bryan (Gordon) here as well.
Please know I do not support SB 23 as written & agree with the "patchwork jurisdictional" concerns you raise.
Call on me anytime H 378-8386 or O 744-4039
Yours
Bethany
I'll pester Bryan Gordon with .cc to Sen. Hall-Long to get an explanation of her meaning on "as written". She should be opposed to any change to this section.
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Here is the message that I have sent to Cathy Cloutier, my senator, and Greg Lavelle, one of the Judiciary Committee members that have this bill on their agenda:
Dear Sen. _______ -
I strongly encourage you to OPPOSE SB23 on firearm law pre-emption. This is a very inappropriate legislative strategy and serves only to undermine the rights of law-abiding gun owners. Eliminating pre-emption has the effect of creating a "mine field" of different laws in every jurisdiction across the state. It serves to muddle the understanding of any citizen regarding what is legal or not.
The ultimate effect is to disarm citizens and make them more vulnerable to the criminal element in our community. There is strong data to support the assertion that increased access to firearms by citizens is a stronger deterrent to crime and violence than disarming that same group of citizens.
Honest, law-abiding citizens (including concealed carry permit holders) are an asset to society and their role in public safety should be supported and encouraged.
I request that you respond with your position on this legislation. Thanks.
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Below if the reply I received from Bethany Hall-Long.. (Middletown)
On Jan 17, 2014, at 12:44 PM, "Hall-Long, Bethany (LegHall)" <Bethany.Hall-Long@state.de.us> wrote:
Hello Adrenolin
I appreciate hearing from you. Thanks for the feedback. I am cc'ing my LA Bryan (Gordon) here as well.
Please know I do not support SB 23 as written & agree with the "patchwork jurisdictional" concerns you raise.
Call on me anytime H 378-8386 or O 744-4039
Yours
Bethany
I'll pester Bryan Gordon with .cc to Sen. Hall-Long to get an explanation of her meaning on "as written". She should be opposed to any change to this section.
Senator Hall-Long clarified her position as: "This means I do not support SB 23."
The SB 23 bill sponsors, Senators Marshall, McDowell, and Henry & Reps. Bolden, Brady, Keeley, and Potter, have not responded yet. Nor has Rep Jaques.
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Article from Ammoland.com: http://www.ammoland.com/2014/01/delaware-senate-bill-eliminating-firearms-preemption-to-be-heard-in-committee/ (http://www.ammoland.com/2014/01/delaware-senate-bill-eliminating-firearms-preemption-to-be-heard-in-committee/)
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Got a feeling the Delaware Gen. Assembly will be closed tomorrow Wed 1/22.
Gives everyone a chance to contact your congressmen.
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Emails sent to both Karen Peterson & Michael Barbieri in reference to SB 23.
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I have sent emails to both Senators Bonini and Lawson asking them to vote "NO" on SB 23.
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Emails sent to both Karen Peterson & Michael Barbieri in reference to SB 23.
Response from Peterson:
Mr. Conley --
Thank you for taking the time to write to me regarding SB 23. I do not support this bill.
Sen. Karen Peterson
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Perterson has been added to the NO list.
Current estimated score:
YEA: 9
NAY: 12
Link to current spreadsheet:
https://dl.dropboxusercontent.com/u/12508970/DE%20Gun%20Bill%20Positions.xls
Please continue to try & contact the Judiciary Committee members (even if you don't live in their district).
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Cathy Cloutier is my Senator. I will email her tonight and call tomorrow.
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Senate Judiciary Committee Meeting 1/22 Cancelled
http://legis.delaware.gov/LIS/lis147.nsf/e9d78be8177d8709852568b00075fa2c/8eadafecaf44c1c485257c60005cc0b0?OpenDocument
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Got a notice from NRA yesterday, suggested wrting/calling Harris McDowell, my dedicated puplic servant(?). Has anyone ever had a reply from him on anything??? I never have.
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You won't hear from Sen. McDowell on this as a guess. I know him and he is a brain dead liberal on almost every topic. There is no reasoning with people like him.
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Still, you should email or call him to press the issue. At least you tried..
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Greg Lavelle has confirmed that he does not support SB23. He is on the Judiciary Committee that has this bill.
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Senator Lavelle gets an automatic NO on these from me. I don't even see the need to ask him.
He is very strongly Pro-2A.
Hopefully he will run for governor someday.
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SB-23 Is no longer listed on the Judiciary committee schedule.
Please help keep an eye open & let everyone know should it reapper between now & next Wenesday.
Link to schedule for wed. Jan. 29th:
http://www.legis.delaware.gov/LIS/lis147.nsf/e9d78be8177d8709852568b00075fa2c/631c53dab1a7386285257c69007c9c37?OpenDocument
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I emailed my senator, Nicole Poore, on Monday... Have heard back and I don't think I will... Tempted to vote her out on the premise that she has never replied to me. That's just rude.
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SB 23 is still listed in the Judiciary Committee. No further action is listed, no meetings scheduled. This could mean they are just back logged, or it will die in Committee. If it were to be brought back up in this session, they only need to give 24 hours notice. If no action is taken it will likely be dead. But it could be brought up as a nother bill.
Confusion, I know, but that is just a political tactic.
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Emails sent to both Karen Peterson & Michael Barbieri in reference to SB 23.
Just a headsup, no reply from Barbieri, he probably won't reply either, beneath him to answer. Based on his record & rhetoric, very safe to say he is strongly in favor of SB 23.
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Emails sent to both Karen Peterson & Michael Barbieri in reference to SB 23.
Response from Peterson:
Mr. Conley --
Thank you for taking the time to write to me regarding SB 23. I do not support this bill.
Sen. Karen Peterson
Did you hear from Barbieri? He's a turn coat and anti gun as they come
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Emails sent to both Karen Peterson & Michael Barbieri in reference to SB 23.
Response from Peterson:
Mr. Conley --
Thank you for taking the time to write to me regarding SB 23. I do not support this bill.
Sen. Karen Peterson
Did you hear from Barbieri? He's a turn coat and anti gun as they come
Rep Barbieri is the Primary Sponsor of HB 88. I'd mark him down as supporting SB 23 and HBs 62, 58, and 67.
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147th General Assembly
House Bill # 88 w/HA 1, HA 1 to HA 1, HA 2
Primary Sponsor: Barbieri Additional Sponsor(s): Rep. Hudson & Sen. Sokola
CoSponsors: Reps. Bolden, Longhurst, Mitchell, Schwartzkopf, Scott; Sen. Henry
http://legis.delaware.gov/LIS/LIS147.nsf/93487d394bc01014882569a4007a4cb7/c70ddfbd4302b28385257b4f0065d1ac?OpenDocument
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My email to Sen. Cloutier was not answered. If nothing else, that is rude. I will follow up next week with her.