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Delaware Senate Democrats

Senate passes three gun safety bills, announces commitments to pass Senate Bill 2 in January

June 30, 2023

DOVER – The Delaware Senate on Friday passed three responsible gun safety measures and committed alongside new House Speaker Valerie Longhurst and Governor John Carney to pass legislation proven to reduce gun deaths when the General Assembly reconvenes in January.

“Our Caucus has done everything in its power to end the rampant gun violence plaguing our communities and terrorizing families across the country,” Senate President Pro Tempore Dave Sokola said. “While we are proud to have taken further steps to keep Delawareans safe today, we remain focused on passing a transformative Permit to Purchase law that we know will do more to curb daily gun violence in our State than any other measure.”

Introduced by Senate Majority Whip Elizabeth “Tizzy” Lockman in April and passed by the Senate in May, Senate Substitute 1 for Senate Bill 2 would add Delaware to a growing list of states that require residents to complete a firearm training course and obtain a permit before purchasing a handgun – the weapon most often used in Delaware gun deaths.

Governor Carney says SS 1 to SB 2 will be one of his office’s priorities in 2024.

“There is nothing more important than keeping our communities safe,” Governor Carneysaid. “We continue to make progress here in Delaware around gun safety. I look forward to working with the General Assembly to pass and sign Senate Bill 2 into law in January.” 

Speaker Longhurst also agreed to move SS 1 for SB 2 forward next year.

“For the past decade, we have passed some of the most comprehensive gun safety laws in the country, making Delaware a leader by strengthening our background checks, closing loopholes, banning assault-style firearms and large-capacity magazines, and instituting red flag laws. I’ve been proud to sponsor many of these bills and stand up to the gun lobby,” Longhurst said. “I am committed to spending these next few months working with the Senate and governor’s office to pass permit to purchase when we return to session in January. This bill is the next piece of the puzzle to keeping our communities safe, and I’m looking forward to passing it into law.”

“I am heartened by these commitments to get this life-saving legislation through the General Assembly in January,” Sen. Lockman said. “I am confident the new House leadership elected this week and Governor Carney are committed to getting this done and fulfilling the promises we have made to Delawareans.”

The Senate on Friday took action on legislation that makes possession of a firearm in a safe school and recreation zone a felony.

Under current state law, a person could only be charged with violating the safe school and recreation zone firearm prohibition once they commit another offense.

Introduced in June, House Bill 201 would help those tasked with protecting our students to act immediately when they see or suspect a person is carrying a firearm in a safe school zone, which includes any building, athletic field, sports stadium or real property owned by a K-12 public school.

Law enforcement officers, constables and other select public officials acting in their official capacity within that zone also would be exempt.

“Deadly weapons have no place in our schools,” said Sen Sarah McBride, the Senate prime sponsor of HB 201. “It is simply unimaginable that someone could carry a rifle into a school and there is nothing a police officer could do until they open fire. This legislation will reduce the reaction time of school officials and law enforcement officers in the critical seconds before a tragedy begins, and ultimately, save lives.”

The Senate also passed House Bill 202, legislation introduced by Rep. Cyndie Romer in June that bars all firearms at active polling places unless carried by a law enforcement officer, commissioned security guard, constable or active-duty member of the military who is acting in their official capacity.

HB 202 would apply to any in-person election, including general, primary and special elections, local school elections, municipal elections and locations designated for early voting.

“Unfortunately, we have seen a rise in voter intimidation tactics across the country in recent election cycles with armed ‘election integrity’ vigilantes camped outside of polling sites,” said Sen. Sokola, the Senate prime sponsor of HB 202. “Bringing a gun to a polling place does not increase election security. It threatens voters and significantly increases the chance of a deadly confrontation.”

The Senate also passed House Bill 155, legislation introduced by Rep. Krista Griffith in May that would impose criminal charges on gun owners who leave their firearms unattended and unsecured in their vehicles.

According to the Delaware State Police, nearly 600 firearms have been reported stolen from vehicles in the First State since 2019.

Under HB 151, gun owners who leave a firearm in an unattended vehicle would be required to first place that firearm in a locked box or container, a firearms rack on the vehicle or locked in the trunk. Failure to safely store a firearm in an unattended vehicle would be a class A misdemeanor.

“Anytime we work to reduce gun violence in Delaware, the NRA tells us our laws won’t work because criminals will still get their hands on illegal firearms,” said Sen. Sokola, the Senate prime sponsor of HB 155. “The reality is there are 600 illegal firearms on our streets today because people who likely consider themselves to be ‘responsible’ gun owners stored their deadly weapons irresponsibly. My hope is this measure will cause gun owners to think twice before their carelessness causes them to become an accessory to the illegal gun trade.”

HB 201 and 202 now heads to Governor John Carney for this signature, while HB 155 was amended and sent back to the House for final consideration in January.

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