DE bill requiring gun buyers to be fingerprinted, trained, set to become law

• The Delaware Senate approved a “permit to buy” gun control bill Thursday, sending it to Democratic Gov. John Carney’s desk.
• The bill, passed on a party-line vote, would require all prospective firearm buyers to be fingerprinted, trained and licensed by the state.
• “This is a bill about responsible gun ownership,” state Sen. Elizabeth Lockman, the bill’s lead sponsor, said of the bill, which Republicans say is a serious violation of the Second Amendment. denounced.

Delaware Senate Democrats on Thursday gave final approval to a bill that would require anyone wishing to purchase a handgun to first undergo fingerprinting, training and obtain a permit from the state.

The bill passed the Senate on a straight party-line vote Thursday and now goes to Democratic Gov. John Carney, who supports it.

Thursday’s vote comes just a week before a federal appeals court hears arguments over Maryland’s 10-year-old permit-to-purchase law, which was ruled unconstitutional by a three-judge panel in November. It was held in Only a handful of other states have similar permitting laws, and some are facing legal challenges. North Carolina repealed a permit law that went into effect earlier this year.

Delaware bill passed by state House to require fingerprinting, training and permits before purchasing handguns

“This is a bill about responsible gun ownership,” lead sponsor Sen. Elizabeth Lockman, D-Wilmington, said of the Delaware bill.

Republican lawmakers say the bill violates the right of law-abiding citizens to keep and bear arms. They also rejected claims that the permit-to-purchase law would reduce gun violence in Delaware, arguing that criminals would ignore the law just as they ignore current gun laws.

Anthony DelCollo, a Senate Republican lawyer, told lawmakers that the bill is unconstitutional because it establishes a default standard that people do not have the right to buy handguns. Sen. Eric Buckson, R-Dover, warned that the bill would be challenged in court if it becomes law.

The law prohibits private sellers as well as licensed gun sellers from transferring handguns to anyone unless they have a “qualified purchaser permit.”

To obtain a permit, you must complete a firearms training course and be fingerprinted by the state Identification Bureau. SBI will investigate the person within her 30 days and grant permission if the applicant is eligible. The agency may retain information about permit applicants’ names and dates of birth, when they completed their training courses, and the dates on which their permits were issued or denied indefinitely.

The permit will be valid for two years. If the SBI director then determines that the person poses a danger to themselves or others by possessing a gun, the restriction could be revoked and any guns purchased with it could be confiscated. The bill includes exemptions for active and retired law enforcement officers and officers who already have a concealed carry permit.

The bill passed the state House last week on a near party-line vote after Democrats defeated several Republican amendments. Senate Republicans then introduced 15 amendments of their own. Democrats rejected them in a series of straight party-line votes Thursday.

Part of the Republican amendment aims to ensure due process rights for individuals whose permit applications are denied. Others called for ensuring that license applications are considered without undue delay and that authorities cannot arbitrarily refuse a license if the applicant meets the requirements. Republicans also proposed prohibiting state law enforcement from creating registries of gun owners or requiring applicants to provide demographic information such as gender, national origin and English proficiency.

Before lawmakers voted on the amendment, Republicans bombarded Lockman and his attorney with questions about the bill’s impact and how it would be enforced if signed into law.

While some provisions of the bill would take effect immediately, Mark Cutrona, director of the Congressional Research Division, assured Republicans that people would not be immediately subject to the permit requirements. He noted that implementation of the requirements would not begin until 18 months have passed or the State Identification Bureau develops the necessary regulations, whichever comes first.

Maj. Peter Sawyer of the Delaware State Police was able to answer several questions from Republican lawmakers about the bill, including what the subjective criteria would be to deny gun permits to people not prohibited by law. There wasn’t. The bill would allow the SBI director to deny a permit if there is “reasonable cause” to believe the person poses a danger to themselves or others.

Asked about potential disqualification criteria, Sawyer said, “It’s hard to say,” noting that regulations aren’t in place. Sawyer also could not explain what process officers follow when authorities revoke a person’s permit and order them to surrender the permit and any firearms they carry.

Mr. Carney has included more than $2.9 billion in permit programs in next year’s budget and touted it in his recent State of the State address.

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But Carney said in his speech that “a small number of people” associated with street gangs are responsible for “the vast majority of gun violence” in Delaware’s two largest cities, Wilmington and Dover. Admitted.