Author Topic: HB 63 SAFE STORAGE OF FIREARMS.  (Read 4593 times)

MarkB

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #15 on: March 27, 2019, 02:22:34 PM »
From a non-lawyer opinion position, if your firearm is locked up and your home is broken into (with proof of break-in) then you are safe if a "persons prohibited" gets that firearm.  A potential grey area may be if your home is broken into and your firearm is not locked up and a persons prohibited gets the firearm.  The reading of the text says you do have a defense if an unauthorized entry occurs and he firearm is taken.  The other defense is if you have control of the firearm and it is taken from you.  As for me, all my firearms not in use are locked in a safe and I carry my other firearm on my person or have control of it 24hours a day.

Please correct me if I am wrong in any of this.
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oldgraygeek

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #16 on: March 27, 2019, 03:43:51 PM »
Quote
if your firearm is locked up and your home is broken into (with proof of break-in) then you are safe if a "persons prohibited" gets that firearm.  A potential grey area may be if your home is broken into and your firearm is not locked up and a persons prohibited gets the firearm.  The reading of the text says you do have a defense if an unauthorized entry occurs and he firearm is taken.  The other defense is if you have control of the firearm and it is taken from you.

I agree. This is how I, also not a lawyer, interpret the text of the bill.
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muleman88

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #17 on: March 27, 2019, 06:14:40 PM »
All of my firearms are locked up in my LOCKED HOUSE! How many locks are necessary ?

robberbaron

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #18 on: March 27, 2019, 06:49:53 PM »
The biggest problem I see is.....if there is a problem and your gun is accessed, no matter how or by whom, you will have to pay to defend yourself. That can get to be very expensive. The justice system tends not to be very just sometimes.

seniorgeek

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #19 on: March 27, 2019, 07:49:56 PM »
All of my firearms are locked up in my LOCKED HOUSE! How many locks are necessary ?

EXACTLY!
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oldgraygeek

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #20 on: March 27, 2019, 07:51:44 PM »
I don't like it any more than you do, but it's most likely gonna happen.
The bottom line is this, as I read this law, we are protected if anything illegal is done to gain access to our firearm. If we are "lucky," we would not be charged with anything in such an event. (Example: Your locked home has been burglarized, you are Off The Hook).
If we were not "lucky," well, then we would be in for a difficult and expensive fight for our lives.

I already have the legal power lined up. I wouldn't want to have to spend that money, but I know he wouldn't gouge me and he'd be worth every penny.
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Hawkeye

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #21 on: March 28, 2019, 09:08:33 AM »
Delaware is becoming more like New Jersey every day. Make no mistake, this is not about safety.  This is about gun confiscation inch by inch and harassment of law abiding citizens who dare to think diffrently then they do. Progressive politicians want to make owning a firearm as burdensome as possible hoping that people will just figure out it is too much trouble.  I feel a rant building up so I better stop here.

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muleman88

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #22 on: March 28, 2019, 12:19:26 PM »

The bottom line is this, as I read this law, we are protected if anything illegal is done to gain access to our firearm.


Breaking into a house is illegal . Theft is illegal!. It shouldnít matter if my guns are locked up in an additional locked device or not . Itís ridiculous how the criminals have more protection under the law than the law abiding citizen.

Cbmarine

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #23 on: March 28, 2019, 12:27:47 PM »
HB63 has passed out of the House and is assigned to the Senate Executive Committee.  If you have suggestions for amendments to tighten up the language regarding illegal entry send them to Senators Delcollo and Pettijohn among others. 

Senate Executive
150th General Assembly (Present)

Members (6)
Chair:   David B. McBride
Vice-Chair:   Nicole Poore
Members:   Harris B. McDowell
Bryan Townsend
Catherine Cloutier
Gerald W. Hocker
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Radnor

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #24 on: March 28, 2019, 12:45:39 PM »
Sent to my elected Rep.

Mr. Mitchell,

Let's make grandma follow the safe storage bill.  How could this have ended differently if her firearm was locked up???
https://www.azfamily.com/news/grandma-shoots-intruder-to-protect-family-ycso-says/article_f4f842f8-4cf4-11e9-9c8c-ab08803fe5ac.html?fbclid=IwAR3jIw0M9cOopanyouAGNtG7JW3zzyyjU67k3gqOh_KegirLaJkBAm27MNA

I'm sure she asked the intruder to kindly stay put while she had time to retrieve her firearm that was locked up.


Looking forward to your reply.

Radnor
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Radnor

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #25 on: March 28, 2019, 01:53:06 PM »
And the response I received.....

I applaud the women and the outcome of this incident, she did everything within the law if this had been in Delaware. In Delaware she would not had to have the gun locked up as long as a juvenile, person with mental health issues or convicted felon was not living in her home. It is absolutely the gun owners responsibility to keep guns away from unauthorized persons (persons listed above). If the owner does not have this scenario with any of the three listed, she could have guns all over the home.
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Personal Protection Outside The Home, Home Firearm Safety,
and Reloading

Also offer Delaware CCDW training.  PM me for details.

Cbmarine

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #26 on: March 28, 2019, 03:05:56 PM »
And the response I received.....

I applaud the women and the outcome of this incident, she did everything within the law if this had been in Delaware. In Delaware she would not had to have the gun locked up as long as a juvenile, person with mental health issues or convicted felon was not living in her home. It is absolutely the gun owners responsibility to keep guns away from unauthorized persons (persons listed above). If the owner does not have this scenario with any of the three listed, she could have guns all over the home.

What is the DE AG interpretation of the proposed bill? Hope it wasnít that Mr Mitchellís lips were just moving.  @Radnor, with your inferred permission, I sent your question and the response (without your screen name) to a Deputy AG asking who in the AG could render an opinion on Mr Mitchellís veracity.
« Last Edit: March 28, 2019, 03:21:12 PM by Cbmarine »
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Just Bill

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #27 on: March 28, 2019, 06:53:36 PM »
If you haven't checked, the AG is the same party as those in the legislature that have already violated their oath of office, "to protect and defend"...
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Cbmarine

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #28 on: March 28, 2019, 08:15:31 PM »
If you haven't checked, the AG is the same party as those in the legislature that have already violated their oath of office, "to protect and defend"...
Taking a more positive approach since it is rare that an organization is entirely monolithic.  Having listened to KJ at a roundtable, it is obvious that she is entirely for gun control. However establishing a rapport with DAGs is, in my opinion, worthwhile.  When queried on school carry, the respective DAG interpreted the law literally and confirmed that school carry is legal if the carrier is compliant with federal and state laws.  The query below is in that vein. 
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Radnor

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Re: HB 63 SAFE STORAGE OF FIREARMS.
« Reply #29 on: March 29, 2019, 07:58:00 AM »
@Radnor, with your inferred permission, I sent your question and the response (without your screen name) to a Deputy AG asking who in the AG could render an opinion on Mr Mitchellís veracity.

No, I have no issues with you doing this.

But it is my opinion they will not answer you.  Sure they will tell you to ask your attorney.  As their job is to put you in a box.

But, I hope I am wrong.
NRA Certified Instructor and Training Counselor, CRSO
Pistol, Rifle, Shotgun, Personal Protection In The Home,
Personal Protection Outside The Home, Home Firearm Safety,
and Reloading

Also offer Delaware CCDW training.  PM me for details.