While the General Assembly is currently not in session, they ended the regular session on June 30th, and will not return until January 11, 2022, remember that the two extremely onerous pieces of legislation are still “alive” and waiting action. Take a moment and read the list of what the Permit to Purchase bill will do to law abiding citizens of Delaware. We have to remain vigilant and keep reminding our legislators that these two pieces of legislation will not do anything but violate our constitutional rights. They will not reduce violent crime at all.
STATUS:
- Passed the Senate;
- Pending, in the House;
passed out of House Judiciary Committee;
awaiting action in House Appropriations Committee
WHAT IT DOES:
If this bill were to become law, it would do each of the following:
- Mandate a permit to purchase a handgun – permit only good for 180 days
- REGISTRATION: Creates a searchable database of firearms and firearm owners new sales and purchases of handguns – for now.
- CONFISCATION: Requires State Police to “ensure removal” of firearms from person whose “permit-to-purchase” card has been revoked – all firearms.
- Creates new State-mandated training course requirement to purchase – extensive, state-certified, expensive training – only good for five (5) years after which you must take another course – all at your expense- before you buy
- Requires Delaware Secretary of Safety & Homeland Security to:
- Collect fingerprints and other identifying data on handgun purchasers.
- Conduct in-depth background investigation
- Ask County and Municipal law enforcement about you, looking for reasons why you should not be allowed to purchase/own a self-defense firearm
- Gives Secretary of Safety & Homeland Security the power to deny and/or revoke “permit-to-purchase card” without prior due process – your hearing comes later – at your expense, must be requested within 30 days after Secretary’s adverse action – Contains a very specific and complex procedure that must be followed.
YOU WILL NEED A LAWYER – at your own expense, of course. - Implicitly creates a 30-day waiting period – Secretary has 30 days to approve your application for a permit-to-purchase card – bill contains no recourse if it takes longer
- Requires Delaware FFL’s to violate federal law by submitting Firearms Transaction Form 4473 to the Delaware Department of Safety and Homeland Security.
- Creates new crimes and a new class of “criminals” –
- It will be a crime to “transfer” a handgun to a person who does not have “permit-to-purchase card” – includes private sellers.
- It will be a crime to fail to surrender a revoked “permit-to-purchase card” within the required five (5) days
- It will be a crime for a transferor of a handgun to fail to keep the required records and to submit the required records to The Secretary – includes private sellers.