SB209 and SB210 Will eliminate concealed carry in Delaware. Act NOW!!

[MarkB]

I received this email tonight from the DSSA.  We MUST stop this effort to eliminate concealed carry in Delaware.

SECOND AMENDMENT ACTION ALERT NETWORK
 
(Just as a reminder, you are receiving this Alert because you have asked to be informed)
 
A WOLF IN SHEEP'S CLOTHING
 SENATE BILL 209 & Senate Bill 210
Concealed Carry & Self Defense Under Attack
   Senate Bill 209 and its companion Senate Bill 210 constitute an attempt by Delaware's Chief Justice and others to "reform" Delaware's Criminal Code. SB 209 begins by totally repealing all of Part 1 of Title 11 and then purports to "replace it" with a new, revised, "more modern" version. Senate Bill 210 then replaces some of what SB 209 repealed. Together, SB 209 and SB 210 will repeal all of Delaware's current Criminal Code and replace it with a whole new Criminal Code. They say that it will "improve" and "modernize" Delaware's criminal justice system.
Sounds good doesn't it - but beware, this sheep isn't a sheep at all, it's a wolf in sheep's clothing!
One of the many "wolf pups" contained in this proposal is one that couldeffectively eliminate legal concealed carry in Delaware - that's right!
If SB 209 passes in its current form, and SB 210 does not, there will be NO CONCEALED CARRY IN DELAWARE - NONE!
But Wait! There's more!
If SB 209 passes in its current form, our right to self-defense will be fundamentally altered making it more difficult to legally protect ourselves, our homes and our families without fear of prosecution by over-zealous prosecutors.
And that's just the beginning - there's more - much, much more.
SB 209 is a very long, very complex and very technical piece of legislation consisting of 143 pages - it is highly likely that even the Sponsors of this Bill do not fully understand or appreciate the full impact of SB 209.
SB 210 is even longer and more complex, 158 pages - a total of 301 pages, combined. No one in the General Assembly truly understands what's really in these two bills.
It is up to us to educate them:
 
CALL TO ACTION
   
Call or email your Senator and politely ask that they vigorously oppose SB 209and SB 210in every way possible. Tell them:
1. If SB 209 passes but SB 210 fails to pass or the Governor vetoes SB 210 and signs SB 209 there will be no Concealed Carry Law in Delaware
2.If SB 209 becomes law Delaware's right to self-defense will be fundamentally changed making it much more difficult to legally defend ourselves, our homes and our families
3.  By repealing and replacing our current Criminal Code, SB 209 & SB 210 will effectively erase 45 years of Delaware Court precedent
4.By repealing and replacing our current Criminal Code, SB 209 & SB 210 will effectively erase 45 years of work by the Delaware General Assembly.
5. The Chief Justice's "repeal & replace scheme" is dangerous, costly and unnecessary and will result in uncertainty among lawyers, police officers and judges.
6.Even Attorney General Matt Denn is opposed to the Chief Justice's "repeal & replace scheme"
Call, email, or write to your Senator today
Senator McDowell (D) Dist. 1 302-744-4147: Harris.McDowell@state.de.us

Senator Henry (D)(Dist. 2)
302-744-4191:  MargaretRose.Henry@state.de.us
Senator Marshall (D) Dist.3
302-744-4168: Robert.Marshall@state.de.us
 Senator Lavelle (R)-Dist. 4:
 302-744-4135: Greg.Lavelle@state.de.us
Senator Cloutier (R) Dist. 5
    302-744-4048: Catherine.Cloutier@state.de.us
 Senator Lopez (R) Dist. 6
    302-744-4136: Ernesto.Lopez@state.de.us
 Senator Delcollo (R) Dist. 7
    302-744-4306: Anthony.Delcollo@state.de.us
  Senator Sokola (D) Dist. 8
302-744-4139: David.Sokola@state.de.us
Senator Walsh (D) Dist. 9
302-744-4163: John.Walsh@state.de.us
Senator Hansen (D) Dist. 10
302-744-4138: Stephanie.Hansen@state.de.us
Senator Townsend (D) (District 11)
302-744-4165 Brian.Townsend@state.de.us
 Senator Poore (D) Dist. 12
    302-744-4138: Nicole.Poore@state.de.us
 Senator McBride (D) Dist. 13
    302-744-4167: David.McBride@state.de.us
  Senator Ennis (D) Dist. 14
    302-744-4310: Bruce.Ennis@state.de.us
Senator Lawson (R) Dist. 15
    302-744-4237: Dave.Lawson@state.de.us
Senator Bonini (R) Dist. 16
    302-744-4169: Colin.Bonini@state.de.us
Senator Bushweller (D) Dist. 17
    302-744-4286: Brian.Bushweller@state.de.us
Senator Simpson (R) Dist. 18
    302-744-4134: Gary.Simpson@state.de.us
Senator Pettyjohn (R) Dist. 19
    302-744-4117: Brian.Pettyjohn@state.de.us
Senator Hocker (R) Dist. 20
    302-744-4144: Gerald.Hocker@state.de.us
Senator Richardson (R) Dist. 21
    302-744-4298: Bryant.Richardson@state.de.us
 
This announcement is being provided to you as a public service to the members of our Action Alert Network
   
YOUR VOICE IS IMPORTANT - LET YOUR VOICE BE HEARD

[airman1968]

My email was sent this morning. We must get out on June 6 also at Leg Hall 11am for the vote on 163 and to show how many of us want to stop these assaults.

[SturmRugerSR9]

I have just emailed Sen. Bonini this morning.

[RetCapt1994]

Just emailed Sen.Simpson a few minutes ago. Thanks for the heads up on this matter.

[JAB62]

I just emailed Senator Lawson. The DUMBacrats will use any tragedy they can to advance their agenda to disarm everyone in America except for criminals and themselves.

[MarkB]

Here is copy of an email I sent to every sponsor listed for SB 209 and SB 210.  Senator Lopez (mine) tells me that they have dropped these bills earlier this month and they are going nowhere.  Representative Smyk (mine) tells me that the prime sponsors are still looking to push these bills but he (Smyk) had the entire Republican House on his side and against the bills.  The bills require a 2/3 yes vote to pass so right now they are blocked but we have to keep alert.

Here is the email.

Ladies and Gentlemen,


You have signed on as sponsors of SB 209 and SB 210 to update the Delaware Code.  Below s a copy of some comments I have made to the author of SB 209 and SB 210, Senator Harris McDowell.  Please consider my comments and work to make the needed changes to improve this fine effort to update the Delaware Code.


Senator McDowell,


You have done a remarkable job on SB 209 and it’s companion SB 210.  I have reviewed the bills and I have some concerns.


SB 209 Deletes current Part 1, Title 11 of the Delaware Code including Title 11, Section 1, Chapter 5, Subchapter 7, Subsections 1441- License to carry concealed deadly weapons and  1442 - .Carrying a concealed deadly weapon; class G felony; class D felony.


Subsection 1403 of SB 209 defines carrying a concealed deadly weapon or dangerous instrument and, as written, makes carrying a concealed weapon a Class 7 Felony. There is an exception for “as authorized by law” but there is no law that authorizes concealed carry in SB 209.


Under SB 209 retired law enforcement officers, law enforcement officers from other states and victims of abuse with an order of protection from abuse will not be allowed to carry concealed weapons.  This would be in violation of the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B as amended in 2010 and 2013).


SB 209 redefines just about all of the offenses and concerns of Title 11, Section 1 of the current Delaware Code but is silent on Delaware’s current Concealed Carry laws.  If SB 209 is enacted and becomes law, concealed carry would be eliminated in Delaware.  I hope that this is just an oversight and not an intentional omission.


A subsection that confirms and defines the concealed carry process needs to be added to SB 209.


Sb 209 and SB 210 are described as companion bills and SB 210 cannot become law unless SB 209 also becomes law.  There is no provision that limits SB 209 from becoming law without SB 210 also becoming law.  This means that SB 209 can pass and become law even if SB 210 fails to pass.  Concealed carry in Delaware would be eliminated if this were to happen.


SB 210 is the companion bill to SB 209 and further clarifies items in the Code.



Chapter 99 of SB 210 reinstates concealed carry and the process for concealed carry.


Subsection 9901 describes the concealed carry application and says having a protection from abuse order is a qualifying condition for concealed carry. 


Subsections 9902 and 9903 brings Delaware into compliance with the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B as amended in 2010 and 2013) and allows retired law enforcement officers and law enforcement officers from other states to carry concealed weapons.


Subsections 9904 and 9905 describes the background check procedure for a firearms purchase from licensed and unlicensed (private citizens) sellers.


Subsection 9906 requires a report of loss or theft of a firearm to authorities within seven days of discovering any loss or theft.

Under section 196 of SB 210, SB 210 cannot become law unless SB 209 also becomes law.


Please see that SB 209 is modified to include the concealed carry provisions and to link SB 209 to SB 210 for passage.


Again, I thank you for such a detailed project to update the Delaware Code.


Sincerely,


Mark Beam

Milton, DE 10068