On September 20th, Sec. Shawn Garvin, DNREC, released a press release, (read it here), concerning the use of recently authorized, straight-wall pistol caliber rifles for deer hunting, HB 156. There were six bullet points. Four were standard bits of information and not controversial. However, two are very worrisome.
The first point that we should be concerned about was the Secretary declaring only manually-operated rifles may be used, consisting of lever action, bolt action, pump action, single shot and revolver rifles.
The second was limiting the use of these rifles for deer hunting in place of a shotgun during the November and January shotgun deer seasons or in place of a handgun during the January handgun deer season. This action, while I believe, contrary to the intent of the law, may be subject to semantics and will not be the focus of this post.
The first point is what concerns me the most. The Secretary unilaterally declared that semi-automatic platforms were not permitted, even illegal for deer hunting. Leaving hunting aside, the primary point, which we can all agree on is that the Secretary ignored the letter of the law and made his own. Essentially he ignored the language in the statute and put his own interpretation or spin on it.
This action, taken by an appointed official, not even elected, and whose confirmation was held up for a variety of reasons, deciding that since they did not agree with a law that was duly considered and passed by the General Assembly and signed by the Governor, would issue their own policy or guidance and do what they want.
I believe this action is illegal. The Secretary of DNREC is taking the law into his own hands. He is deliberately ignoring the wishes of our elected officials, including the Governor, and making his own laws. In other words, he is ignoring one of the most basic principles of this great country, the rule of law. This principle is what separates us from pretty much the rest of the world.
The Delaware Legislative Sportsmen’s Caucus did not take long in responding. On September 24th the issued a letter, (read it here), to Secretary Garvin expressing their displeasure and stating that when challenged, this action will no doubt be overturned in court. They requested a response. So far none has been forthcoming.
I would go so far as to characterize this action as perhaps an impeachable offense. The grounds for impeachment are contained in Article VI, Section 2 of the Delaware Constitution. “The Governor and all other civil officers under this State shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office.” Would this act be considered a high crime or misdemeanor? I will leave it to you.
This is remeniscent of SB 163, the Carney/Townsend Gun Ban, from last session. At least Sen. Townsend went through the legislative process. Sec. Garvin just did it on his own.
Write, call and email your Representatives and Senators and express your displeasure and ask that they take action.