Delaware Concealed Carry Forum

State News & Gun News => Delaware News => Topic started by: MarkB on March 08, 2016, 02:02:15 AM

Title: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: MarkB on March 08, 2016, 02:02:15 AM
Majority Leader Valerie Longhurst plans to introduce bills to remove the requirement to sell a gun if the background check is not completed in three days.

From WBOC:

Majority Leader Valerie Longhurst announced in a February letter to Delaware's congressional delegation her intentions to file legislation that would close what she calls a federal criminal background check Loophole.

According to her letter, current regulations allow a gun salesman to sell a firearm if a requested background check has not been processed by the National Instant Criminal Background Check System within three business days. She says this gets firearms into the hands of people that are not eligible to purchase one.

Rep. Longhurst said it is essential for public safety in Delaware.

"This Loophole has allowed firearm transactions that otherwise would be denied to proceed, resulting in potentially dangerous individuals 'legally' purchasing guns on a technicality," she said.


Here is the copy of her letter:

http://www.dehousedems.com/sites/delawarehousedemocrats/files/Longhurst%20-%20Congressional%20Delegation%20-%20Background%20Check%20Loophole.pdf


We have to keep an eye on this and act accordingly.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Obleo on March 08, 2016, 11:07:41 AM
This shouldn't pass.  If the government fails to act you can be denied you 2nd Amend. rights.  Too easy to infringe.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Just Bill on March 08, 2016, 11:56:05 AM
You apparently don't understand the liberal mind.  Their whole objective is to get rid of your rights.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Cbmarine on March 08, 2016, 12:41:47 PM
You apparently don't understand the liberal mind.  Their whole objective is to get rid of your rights.
Or manufacture new "rights". Last night, the Bern said that universal health care is a right. When challenged, he responded "because you are a human being".
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Federal Firearm on March 08, 2016, 10:02:05 PM
There has been many times where nics never calls back for one way or another....what then...very bad bill that should be stopped..
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: PPScarry on March 10, 2016, 11:52:35 AM
"She says this gets firearms into the hands of people that are not eligible to purchase one."

Can she name one?
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Just Bill on March 10, 2016, 12:05:31 PM
IMHO, all this bill would accomplish is to give NICS the opportunity  to never call back.  That way, guns do not in the wrong , right or anyone's hands.  A liberal goal.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Model10Todd on March 14, 2016, 03:55:04 PM
According to the News Urinal and phone conversations with Longhurst, the goal is to allow more time for background checks.  Longhurst's used the Charleston Church shooter's accidental clearance as a reason to allow more time, thinking that if the wait time was more than 3 days that [expletive] wouldn't have gotten a gun.

http://www.nbcnews.com/storyline/charleston-church-shooting/dylann-roofs-gun-purchase-allowed-part-because-clerical-error-n391431

However, in the NBC article above it states: "Sources with knowledge of agency operations said the FBI, when they noticed the error, could have still asked the ATF to get the gun back from [expletive], but it doesn't appear that request was ever made."

So, using this case as justification to extend waiting time is flawed. Charleston is a case of failure to enforce existing laws - they should have tried to get the gun back - it is not a case of needing more time.  This failure also should be investigated and if in fact they did drop the ball, then they should be held accountable.

If the FBI is unable to keep up with demand, then they need to address staffing.  By allowing the FBI or the government to decide to get around to clearing you it widely opens the door to them purposely neglecting the staffing of gun background check departments and/ or dragging their feet so people never get their gun.  I've seen it mentioned in the News J of a proposed 5 day waiting period, but based on conversations with Longhurst it sounded more open ended. Regardless this is a horrible idea and the current wait should not be extended.  It is not a Loophole.  It's your constitutional right.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: PPScarry on March 14, 2016, 06:15:22 PM
Great point Todd. I can't say I have a big problem with 5 days but the truth is it doesn't seem to be the problem, at least in this case. I'd like more input from a FFL guy who goes through this every day. 3 days as you mentioned Todd seems more than enough time. Recognizing that Americans are having a run on firearms lately, maybe the people who work with the FBI can provide clarity regarding how many times they have a purchase held up 3 days due to volume of applications, or due to other problems like similar names to restricted persons. My bet is although volume is high the FBI still does a good job.

Of course I don't have "standing" with 3 days or 5 because my applications fly through. Some folks here may not feel the same due to their last name or some other problems with the background checks that I personally am not aware of, thus could use more information from people WE trust. This affects more people than some are aware of so I hold my powder. I also appreciate the FBI and don't see them as the bad guys here unless the FFL dealers can convince me they are twisting the law somehow or a purposefully delay, which has not been documented.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Cbmarine on March 14, 2016, 06:28:57 PM
...I'd like more input from a FFL guy who goes through this every day...
@Federal Firearm is an FFL.

There has been many times where nics never calls back for one way or another....what then...very bad bill that should be stopped..
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Radnor on March 15, 2016, 11:59:31 AM
...I'd like more input from a FFL guy who goes through this every day...
@Federal Firearm is an FFL.
And a VERY good one to do business with too!!!
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Model10Todd on March 15, 2016, 04:49:51 PM
I also appreciate the FBI and don't see them as the bad guys here

Agree with you there. Not the bad guys in the shooting situation, nor in the waiting period either.  I think we both agree we wouldn't give them an open door timeline however. I  could see the potential for pressure to be put on the FBI to take a very long time, via budget or other means, leading to we give them 3 days now and that doesn't work, then 5 years from now 5 days doesn't work, then 10, 30, and on and on. 
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Federal Firearm on March 15, 2016, 07:54:04 PM
...I'd like more input from a FFL guy who goes through this every day...
@Federal Firearm is an FFL.
And a VERY good one to do business with too!!!

Thank you and you are the best for training also..all should use radnor
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Cbmarine on April 18, 2016, 03:14:25 PM
HB325 introduced into the House Administration Committee   On  04/14/16.
(HAC Members: Longhurst, Schwartzkopf, Hudson, D. Short, Viola)
Primary Sponsor(s):   Osienski
Additional Sponsor(s):    Rep. Longhurst & Sen. Townsend
Co-Sponsors: Reps. Baumbach, Bentz, Heffernan, Jaques, Kowalko, Lynn, Mitchell, Schwartzkopf, Viola; Sens. Blevins, Hocker, McDowell, Peterson

http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/HB+325/$file/1901481019.docx?open
(b)  No licensed importer, licensed manufacturer or licensed dealer shall sell, transfer or deliver from inventory any firearm, as defined in § 222 of this title, to any other person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless and until being informed that it may “proceed” with the sale, transfer or delivery from inventory of a firearm by the Federal Bureau of Investigation, NICS Section pursuant to the request for a criminal history record check required by subsection (a) or 30 days have elapsed from the date of the request for a background check and a denial has not occurred.

IMHO, this may keep firearms out of the hands of questionable people but has the unintended consequence of denying protection to a endangered person who doesn't have a definitive record.  It also allows the FBI to slack off.

FFLs, please comment.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: rikwick on April 19, 2016, 01:40:18 AM
"Some folks here may not feel the same due to their last name or some other problems with the background checks that I personally am not aware of, thus could use more information from people WE trust. This affects more people than some are aware of so I hold my powder."


I happen to be one of them.  For the last 5 years now, I have been going through the three day delay.   Not due to my name either.   I just last month filed the VAF with the FBI, I am glad I did now.  Never bothered me before because I have always get approved and three days is just annoying at the most for me, so I dealt with it.  But when I got wind of this bill, I figured it's about time to get this straightened out.  I see the logic in the bill, however the problem isn't a "We The People" problem, which makes this "solution" only a means to more restrict our rights.  I say FIX THE SYSTEM!
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: PPScarry on April 19, 2016, 04:40:46 PM
Wondering if you file your paperwork with your SSN. I do not and believe most people do not.

I wanted to know what the reasons were for the delays. I can only guess and thought maybe Chris or another FFL guy could help. I want this information to shed light on how to fix the problem. You can't fix the problem if one is kept in the dark. I don't expect our favorite FFL guys to know these problems, maybe we need a FBI or LEO to explain why background checks are delayed because computers today are fast.

Whether it's 3 days (why not the same day) or 5 days doesn't matter if we don't know what the heck the problem is. That only makes rikwick wait longer for his legal and constitutionally protected right of purchasing a firearm. Obtaining a lawyer is also a necessity sometimes when you need a UPIN and I hope rikwick was not burdened.

I am of the opinion that the constitution doesn't have a waiting period. Fix the freaking System or get rid of it and explain to this hard head what the problems are! I sincerely don't know but I have a good idea how to fix problems like most here. Obviously rikwick didn't have a similar name problem. By the way, way to hang rikwick.

Legislation is seldom the answer, and there is more troubling Legislation on the way and being written all over this nation by gun grabbers. I only need the Constitution of the United States and a good blacksmith.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: greymas on April 19, 2016, 05:15:58 PM
I once heard someone say a right delayed is a right denied. I tend to agree. Whether it's 1, 3, 30 days or indefinitely the right of the individual should not be delayed. I think most of us on this forum agree that this is not a loop hole in need of closing as the wording in the bill suggest, but a safety measure to ensure rights are not being denied because of bureaucratic solution to a perceived threat to the public.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Federal Firearm on April 20, 2016, 03:42:22 PM
Wondering if you file your paperwork with your SSN. I do not and believe most people do not.

I wanted to know what the reasons were for the delays. I can only guess and thought maybe Chris or another FFL guy could help. I want this information to shed light on how to fix the problem. You can't fix the problem if one is kept in the dark. I don't expect our favorite FFL guys to know these problems, maybe we need a FBI or LEO to explain why background checks are delayed because computers today are fast.

Whether it's 3 days (why not the same day) or 5 days doesn't matter if we don't know what the heck the problem is. That only makes rikwick wait longer for his legal and constitutionally protected right of purchasing a firearm. Obtaining a lawyer is also a necessity sometimes when you need a UPIN and I hope rikwick was not burdened.

I am of the opinion that the constitution doesn't have a waiting period. Fix the freaking System or get rid of it and explain to this hard head what the problems are! I sincerely don't know but I have a good idea how to fix problems like most here. Obviously rikwick didn't have a similar name problem. By the way, way to hang rikwick.

Legislation is seldom the answer, and there is more troubling Legislation on the way and being written all over this nation by gun grabbers. I only need the Constitution of the United States and a good blacksmith.


ppscarry..the delay is not a huge problem...why some people get delayed varies....things that happened in the past,minor offenses,security clearances,similar name,jr/sr 2nd/3rd on and on...nothing that would really prohibit ownership of a firearm but nics claims they don't have access right away to that info....I have customers that get delayed sometimes and other times proceed...never know from one examiner to another.....have had denieds that were overturned due to mistakes so you never know.......

What scares me is the state getting involved with the federal system...don't understand how that will work but whatever....second what if and i say what if they choose not to call back and delay everyone claiming staffing problem or systems issues????? case to note is last saturday...nics call in center was down all day..was only able to do checks online.....now what..they don't call back no more transfers????that's a risk that should not be noted lightly.....the 3 day was put into place to protect from the no call back....is that how criminals get guns? no way...fixes anything? no....carolina shooter was fbi/nics error....that's what needs fixed...stop pointing your finger at everything else and place the responsibility on the organizations that are failing to do their jobs...
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: PPScarry on April 20, 2016, 06:08:38 PM
Thanks for the information. My finger is pointed at no one. I am only asking questions. I am on the same side of this issue as you are or I wouldn't be here.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Radnor on April 21, 2016, 03:55:13 PM
From 3 days to 30!

http://delawarestatenews.net/government/bill-would-extend-gun-background-check-waiting-period-in-delaware/ (http://delawarestatenews.net/government/bill-would-extend-gun-background-check-waiting-period-in-delaware/)


My question for our elected officials is, of the people who were prohibited - how many were prosecuted?

Guess an email to my elected officials asking that question.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Radnor on April 25, 2016, 12:58:47 PM
Email sent to my elected officials.

Quote
Dear Mrs. Blevins & Mr. Mitchell;
(CC: Jeff Speigleman)

Hope this finds you well.


I see both of you are for HB325.  Both of you are in my voting district. I have a questions I hope one or both of you will take the time to answer.

How many people acquired a firearm who were prohibited persons?
How many were convicted under § 1448 Possession and purchase of deadly weapons by persons prohibited?

Thank you for taking the time to answer my question,

Radnor
Address of the bridge I live under

Reply from Jeff:

Quote
Thank you for contacting my office about the most recent gun bill in the Delaware House of Representatives.  I voted No.  Despite this, the bill passed 22 yes- 17 No- 2 Absent

My reply to Jeff:

Quote
Jeff,
(CC: Mrs. Blevins & Mr. Mitchell)

Thank you for taking the time to write back.  I wish the two IN MY VOTING district took such time. 
Guess I'll have to keep their lack of response in mind when I step into the voting booth.

Radnor
Address

Which sparked a reply from Mr. Mitchell's office FINALLY:

Quote
Good Afternoon Radnor,
 
We are trying to find information related to the questions you originally posed. This information is not readily available, and may take a couple days.
 
Have a good weekend,
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Radnor on April 28, 2016, 07:07:56 PM
And Patty Blevins reply:

Quote
Sorry I missed replying - 300 or more e-mails a day.  I support HB 325, as I'm sure you expected.  I'm sure you know that the vast majority of individuals buying guns get their background checks done while they wait and they leave with the gun they purchased right away.

GOD I hope Anthony Delcollo wins in November REPLACING her!!!!!  I KNOW where he stands on guns.  He  has a CCDW and is a NRA pistol instructor.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Federal Firearm on April 28, 2016, 08:20:57 PM
And Patty Blevins reply:

Quote
Sorry I missed replying - 300 or more e-mails a day.  I support HB 325, as I'm sure you expected.  I'm sure you know that the vast majority of individuals buying guns get their background checks done while they wait and they leave with the gun they purchased right away.

GOD I hope Anthony Delcollo wins in November REPLACING her!!!!!  I KNOW where he stands on guns.  He  has a CCDW and is a NRA pistol instructor.

+100
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Radnor on April 28, 2016, 08:41:53 PM
And my reply from Larry Mitchell: 

Quote
Radnor,

Thank you for contacting me on this issue. I did vote for this bill because the change would ensure that persons purchasing firearms had the right to do so under the law. I do not want to prevent anyone having the legal right to own guns however I want to make sure all checks are finished before the transaction is complete. This would only delay a very small percentage based on numbers in Delaware.
Thank you,
Larry Mitchell
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: SteveMiller on April 28, 2016, 10:17:03 PM
We need to work harder to stop this in the Senate
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: ChrisCar on April 29, 2016, 12:40:36 AM
@Radnor:

Consider yourself luck you got multiple replies.  I emailed everyone on the DSSA email alert and the rep/sen for my district.  I admit it was a fairly lengthy message citing the constitution, case law and anecdotal evidence justifying why the deadline should not be extended.  I received 0 replies.   >:(
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Radnor on April 29, 2016, 11:52:39 AM
I usually include Jeff a CC.  He usually responds.  Which gives me the ammo of he responded and he's not my Rep.
That usually gets them moving.  I'm still waiting for them to respond to how many were convicted of 1448.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: PPScarry on April 29, 2016, 12:29:16 PM
Too embarrassed to say the word zero Radnor.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Lumspond on April 29, 2016, 12:53:40 PM
So Larry Mitchell was taking the extra time to research the answer? Doesn't look like it in his canned answer. God I hate politicians......Horse's @@@.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: JOET on April 29, 2016, 06:28:59 PM
Senator Ennis is a NO........
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: ThePixelated on May 03, 2016, 12:51:58 AM
Received a orange post card from the NRA today asking me to contact Senator Nicole Poore about HB325. So I typed up a nice email to her giving her a great example of how great NJ's 30-day waiting period is with the example from last year's stabbing of Carol Bowne in Berlin, NJ.

I doubt I'll hear back from her. Never do.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: oldgraygeek on May 03, 2016, 12:52:55 AM
I expect to see her Friday at the Civic Association meeting. I'll bring the card, and bring it up.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Federal Firearm on May 03, 2016, 03:32:50 AM
something i thought about today...since the federal form is only good for 30days..now you delay for 30 days....how do i transfer the firearm???????
who will be monitoring this program if it passes...Inspectors? more tax money to hire? get state police back into the gun business???
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: rikwick on May 09, 2016, 10:44:53 PM
Ok, so I appealed my delay back in the middle of March, and got a response letter today from the US DOJ, it says:

"This letter is in response to your inquiry concerning your transaction to possess or receive a firearm.  Please be advised that your firearm transfer was not denied, but merely delayed due to a potential match of a possible disqualifying record.  Your inquiry has been forwarded for further processing.  The FBI Criminal Justice Information Services (CJIS) Division's NICS Section is currently processing cases received in June 2015."


I guessed I am being processed, I'll keep everyone in the loop as I get more information.

Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: AudiQ on May 10, 2016, 01:50:15 AM
I expect to see her Friday at the Civic Association meeting. I'll bring the card, and bring it up.
So what did she say?
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: oldgraygeek on May 10, 2016, 10:11:55 AM
I expect to see her Friday at the Civic Association meeting. I'll bring the card, and bring it up.
So what did she say?
I doubt I changed her mind, but she was definitely shocked when I showed her a New York Times article that said "Nearly 80,000 Americans were denied guns in 2010, according to Justice Department data, because they lied or provided inaccurate information about their criminal histories on background-check forms. Yet only 44 of those people were charged with a crime."

My point was that her law would have no effect on the criminals in Wilmington, because they don't go to gun shops and fill out 4473's; it only affect people like me and her, which is a violation of our rights. I told her about being "held" at Christmastime for my common name... not because I was suddenly a criminal, but because the system was understaffed.

She seemed to get the point, but I doubt it will change her vote.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: AudiQ on May 10, 2016, 12:06:12 PM
OGG-I applaud your face to face effort. Sometimes using the personal touch is more effective than electronic conversation (he said as he typed out his reply on his phone). Who knows, you might sway her to the 2A side.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: greymas on May 10, 2016, 12:19:57 PM
Now in the Senate - from Delaware State sportsmans association. Call to Action:
http://dssa.us/2016/05/09/alert-firearm-purchase-delay-legislation-now-senate/ (http://dssa.us/2016/05/09/alert-firearm-purchase-delay-legislation-now-senate/)
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: PPScarry on May 10, 2016, 01:56:22 PM
Thanks for the information. Writing to each contact now.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Radnor on May 10, 2016, 02:31:41 PM
Email sent to Patty Blevins.  Sure it will have the SAME outcome as my 1st.

Come on Anthony Delcollo!!!!
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: NormH3 on May 10, 2016, 02:32:51 PM
I expect to see her Friday at the Civic Association meeting. I'll bring the card, and bring it up.
So what did she say?
I doubt I changed her mind, but she was definitely shocked when I showed her a New York Times article that said "Nearly 80,000 Americans were denied guns in 2010, according to Justice Department data, because they lied or provided inaccurate information about their criminal histories on background-check forms. Yet only 44 of those people were charged with a crime."

My point was that her law would have no effect on the criminals in Wilmington, because they don't go to gun shops and fill out 4473's; it only affect people like me and her, which is a violation of our rights. I told her about being "held" at Christmastime for my common name... not because I was suddenly a criminal, but because the system was understaffed.

She seemed to get the point, but I doubt it will change her vote.

I worked with Nicole for about a year or so in the private sector before she became a Delaware State Senator and she is a very intelligent and driven individual. Showing her the facts probably did enlighten her and made her consider how she will vote. As you said, whether it sways her is another story.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: PPScarry on May 10, 2016, 03:01:15 PM
Just finished writing to all the Senators. I hope it helps. Thanks greymas for the DSSA link with all the Senators email and DSSA stance. Thanks to Federal Firearms for the explanation and reasons for delays as it really helped me compose my letters.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: seniorgeek on May 12, 2016, 12:52:10 PM
I sent email to all the listed people on the committee. I hope each email gets there attention. At least they know how I feel.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Radnor on May 12, 2016, 04:50:07 PM
Dont know if it's good news or not.  But I did NOT see it listed in the minutes from their meeting.
Assuming it is still in committee.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: greymas on May 12, 2016, 05:08:13 PM
Thanks for the update Radnor. I haven't heard back from anyone I sent an email to. I'll keep the pressure on them until I do, respectfully of course :)
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Radnor on May 13, 2016, 05:12:17 PM
Looked today it's on the agenda for 18 May.  Since WE are 2nd class citizens, guess who is EXEMPT from it with HA4?


You guessed it!

"This amendment adds LEOSA licensees (active and certain retired law enforcement officers) to those exempted from the waiting period."
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: JonathanG on May 14, 2016, 03:38:17 AM
Looked today it's on the agenda for 18 May.  Since WE are 2nd class citizens, guess who is EXEMPT from it with HA4?
You guessed it!
"This amendment adds LEOSA licensees (active and certain retired law enforcement officers) to those exempted from the waiting period."

That little gem is from Rep Steve Smyk (R). See the email "letter" he sent me in response to my call about him being on baord with this crap fest of legislation:

"Dear Jonathan:

 

Thank you for contacting me regarding the House of Representatives’ recent action on House Bill 325.

 

There are some popular misperceptions that my actions on this measure were not in the best interests of gun owners or their Second Amendment freedoms.  Nothing could be further from the truth.

 

Representatives of the National Rifle Association (NRA) asked for my help in sponsoring an amendment to the bill seeking to exclude qualified law enforcement officers and retirees – as specified in the federal Law Enforcement Officers Safety Act  (LEOSA) – from the need for a background check.  The officers covered by this provision already undergo regular background checks, so exempting them would eliminate an unneeded redundancy and cut pointless red tape.

 

As a former Delaware State Police trooper with 24 years of service, and a state representative who has earned high ratings from the NRA, I was proud to introduce House Amendment 4 and successfully attach it to the bill.

 

One of the unwritten protocols of the General Assembly is that when your amendment is added to a measure, you have an obligation to support the altered legislation.  The NRA officials were aware of this when they asked for my assistance and understood it would compel me to vote in favor of HB 325.  Additionally, my vote was not the deciding factor in the bill’s House passage.

 

Both the NRA and the Delaware State Sportsmen’s Association (DSSA) have defended my actions on this issue and have thanked me for my willingness to help."
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Clarence on May 14, 2016, 11:00:08 AM
Wow.  I was just getting ready to join the DSSA.  If this is true then of course I will not waste my money.
The DSSA website says the organization is fighting this bill.  Either we are being betrayed or that politician is a liar.

I am a Life Member NRA but they can just stop calling and emailing for upgrades or added donations if this is true.

My money will go to SAF if  either or both of these organizations have supported such an exemption.  

What a betrayal that would be.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: PPScarry on May 14, 2016, 01:01:34 PM
It reads like a child blaming someone else for thinking for him.

I'm not sure I believe any of it. I wonder if he would provide documentation. The "my vote was not the deciding factor" always chaps my butt. >:(
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: JOET on May 14, 2016, 11:34:12 PM
Maybe someone from the DSSA or NRA will get on here and explain this to us. What happened to the rest of us "We The People"

IN the meantime, I have a family membership and will no longer renew my membership..



Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Clarence on May 15, 2016, 01:07:44 AM
I am a fervent supporter of the police.  They have a tough job and hey, let's face it we depend on them.  

But I am 100% against special privledges such as this and the LEOSA thing. The Right is for all citizens.

In any case I certainly hope that DSSA or the NRA did not support such an amendment.  Hopefully this is just another lying politician looking for cover and we can work to make sure he is defeated for reelection. 
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: JonathanG on May 18, 2016, 04:28:31 PM
I sent a reply email to Rep Steve Smyk (R), asking if  his explanation in his "letter" to me, justifying voting for the bill, was, in fact, as I was understanding it. I wrote that I was seeking confirmation from him that his explanation for supporting the bill, was, in fact, because he attached an exemption, for a special interest group, of which he was a member, and then voted to subject, us little folks, to bad legislation that clearly would negatively affect our rights to keep and bear arms. Curiously, I haven't received a response...
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: JOET on May 19, 2016, 12:31:12 AM
I sent a reply email to Rep Steve Smyk (R), asking if  his explanation in his "letter" to me, justifying voting for the bill, was, in fact, as I was understanding it. I wrote that I was seeking confirmation from him that his explanation for supporting the bill, was, in fact, because he attached an exemption, for a special interest group, of which he was a member, and then voted to subject, us little folks, to bad legislation that clearly would negatively affect our rights to keep and bear arms. Curiously, I haven't received a response...

I can not wait to see how he will try and double talk his way out..
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: NormH3 on May 19, 2016, 03:08:57 PM
I think we should write our reps and ask them to pass a bill that requires anyone applying for a CCW to have an answer within 30 days. There's no reason why it should take 6 months in some cases.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: JonathanG on May 21, 2016, 11:23:46 PM
Any word on the results of this in the Senate?
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: merlin51 on May 26, 2016, 11:09:21 PM

 With the senate out until June 7 any news on HB325.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Radnor on May 27, 2016, 12:03:36 PM
http://legis.delaware.gov/Legislature.nsf/FSMain?OpenFrameset&Frame=right&src=/LIS/lis148.nsf/senatereadylist

It's on the 2nd page of the ready list
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Radnor on May 27, 2016, 12:06:10 PM
I think we should write our reps and ask them to pass a bill that requires anyone applying for a CCW to have an answer within 30 days. There's no reason why it should take 6 months in some cases.

Already did.  Everyone else should too.  Maybe that will get them moving.
http://deccw.com/index.php?topic=4561.0 (http://deccw.com/index.php?topic=4561.0)
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: ThePixelated on June 17, 2016, 08:49:44 PM
From the NRA-ILA: https://www.nraila.org/articles/20160617/delaware-firearm-purchase-delay-legislation-to-be-considered-next-week (https://www.nraila.org/articles/20160617/delaware-firearm-purchase-delay-legislation-to-be-considered-next-week)

Delaware: Firearm Purchase Delay Legislation to be Considered Next Week

On Tuesday, June 21, the Delaware Senate is scheduled to consider House Bill 325.  Introduced by state Representative Edward Osienski (D-24), HB 325 would go beyond federal law and extend the 3-day transfer period for NICS delays to 30 days.  Please contact your state Senator and politely urge them to oppose House Bill 325 when it comes up for a vote.

Current law allows a federally licensed firearms dealer (FFL) to release a firearm after 3 business days if they have not received any additional correspondence from NICS after receiving a “delay” when conducting the initial background check for the firearms transfer.  This safeguard prevents the potential shutdown of sales via endless delays and allows law-abiding individuals to take possession of a firearm in a timely manner.  House Bill 325 is a solution in search of a problem and your Senator needs to hear from you!


I've emailed my state Senator (Poore) and haven't heard back from here, again.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Cbmarine on June 20, 2016, 01:21:03 PM
HB325 now has 9 Senate Amendments (SA) "placed with bill", a term that is unclear to me.
One SA reduces the period to 7 days but SA 9 wants to do the following:
AMEND House Bill No. 325 by adding the following at the end of line 15:
“(c) No licensed importer, licensed  manufacturer or licensed dealer shall sell, transfer or deliver from inventory any firearm, as defined in § 222 of this Title, to any person who is on the Federal Government’s terrorist watch list or the Federal Government’s no-fly list, or on any other list used by the Transportation Security Administration for purposes of identifying individuals who are prohibited from boarding aircraft because they pose a threat of terrorism, subject to the Federal Government affording access to the lists.”
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: groundgrid on June 20, 2016, 05:40:13 PM
It appears to me that there is a move in the Senate to amend the bill to death.
Given that time is short, needing to debate and vote on each amendment may make it impossible for the bill to be considered.

Killing the bill in this manner also prevents the pro 2A senators from enduring attacks from the other side during campaign season.

Hopefully it works.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: NormH3 on June 22, 2016, 12:53:22 PM
It's my understanding that the bill passed early last evening but wait period was amended to 25 days.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: groundgrid on June 22, 2016, 01:55:02 PM
That appears t be correct:

http://legis.delaware.gov/legislature.nsf/FSMain?OpenFrameset&Frame=right&src=/LIS/lis148.nsf/byall
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: NormH3 on June 22, 2016, 02:12:05 PM
Yup. I just typed a response to an article on Delmarva Now.

"There is so much misinformation in this article that it's truly sad. The 3 day rule only applys to someone that initially fails their NICS check. Granted the person could actually be someone that shouldn't own a firearm and that's a good thing. However, sometimes the system has a glitch and fails someone that shouldn't be. The 3 day waiting period by the FBI was designed to allow them to take a second look. If the gun dealer doesn't hear back in that time frame, the purchaser is good to go. It was designed this way to give the FBI some accountability to process transactions in a timely matter. Now let's look at the new Delaware law increasing wait times to 25 days. Here's what's going to happen. Someone gets declined in Delaware who shouldn't have. Three days pass and the FBI decides there is no reason to deny. The application gets dumped into some bit bucket somewhere and forgotten. They won't continue to research for the next 22 days. Now you've just made a legal citizen wait 22 extra days for no reason at all. So yeah....this bill does nothing...truly. For those that are unfamiliar, I suggest you Google Fed Form 4473. This is the form everyone has to fill out to purchase most firearms."
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Just Bill on June 25, 2016, 10:50:51 PM
The only way to fix the system is to convince the majority(dems) that we have a criminal/crime problem, not a gun problem.  Doubtful that will happen.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: groundgrid on June 26, 2016, 01:46:16 AM
The way to fix the system is to change the narrative.

Step 1 is to vote as many a s possible out of office.
We have some excellent pro 2A candidates running for office like Anthony Delcollo: http://www.delcollofordelaware.com/
When we gain control of the State Senate, WE can write the narrative by introducing real bills that will control crime & make criminals unwelcome here.

If the other side won't support these bills, we still control the narrative by blaming them for the state's problems.
Not only does everyone here need to vote, we need to support these candidates by volunteering and donating to their campaigns.

Even if you don't live in a pro 2A candidate's district there is nothing stopping you from helping them win.

Also, if you are a D or independent, change your registration to R and get as many others as possible to do so. The progressives rely
heavily on their voter registration majority. Trust me, they will notice when people start bailing out.
Title: Re: Longhurst plans to remove NICS requirement to sell after 3 days.
Post by: Just Bill on June 26, 2016, 02:30:31 PM
Good luck w/getting even close to a majority in this 'gimme' state.  While the Second Amendment is not my only criterion for voting, voting conservative in general is.  That would include constitutional judges, gun uncontrol, abiding by the oath of office they took, etc.  I scolded Tom Carper for his email saying how glad he was  gun control issues are in the forefront.  I questioned that he is violating his oath of office by taking constitutional rights from people without due process.  No reply yet, but I expect gobbledygook political speak.