Delaware’s General Assembly is considering a “permit to purchase” bill again.
The bill would require Delawareans to complete a firearms training course and obtain a permit before purchasing a handgun.
But even if it passes, the Delaware Sportsmen's Association says it will file a legal challenge on constitutional grounds -- as it did against Delaware’s assault weapon and high capacity magazine bans.
State Attorney General Kathy Jennings says her office, along with volunteers in private firms, have stepped forward to defend those laws and is prepared to respond again for this bill.
“The bottom line is there are reasonable requirements. Not any of those requirements is a restriction,” said Jennings. “It just means people need to pass a safety training course, and they need to know the laws, like how to store your gun safely, and how to make sure children don’t have access to these guns. This law will work, it’s constitutional, and we’ll be there to fight for it.”
Its prime sponsor, State Sen. Tizzy Lockman (D-Wilmington), remains confident changes to this version will get it through the House where it stalled last session, and become the first version to reach the Governor’s desk.
“I think there were just some outstanding questions about how this might work, and what types of hurdles responsible gun owners would be subject to. And so I think we really worked through a lot of those elements,” Lockman explained. “We’re making sure that the policy is equitable, so that we're not placing undue burdens and barriers in front of people. And doing things like exempting concealed carry permit holders, for example, who already go through a very, very rigorous process.”
The bill would also exempt qualified current or retired law enforcement from being subject to the training requirement, along with making the permit itself free.
The only costs in this process are the training requirements and the fingerprinting.
The anticipated cost to the consumer for training is variable, but data from other states shows it ranges from $100 to $500. Fingerprinting costs an estimated $60.
In another move for equitable access, the bill's language states that the Department of Safety and Homeland Security must provide low-income residents (an individual whose household income is at or below 200% of the federal poverty guideline) who wish to obtain a handgun qualified purchaser permit a voucher to cover the full cost of the firearms training course.
This received some pushback, as Republicans lawmakers questioned why the definition of "low-income" in this bill wasn't more inclusive. Lockman says, given the budget, it was important to focus on residents with the greatest need, and revise later on if necessary.
House Majority Whip Melissa Minor-Brown says she believes the House will see SB2 to the finish line this time around.
"It's time for people do the right thing," said Minor-Brown, adding the point that data doesn't lie. “I know that gun advocates feel that this legislation is not going to do anything. But looking at the data, when we look at the amount of CCDW [Concealed Carry Deadly Weapons] holders we have in our state, and we look at crimes committed by individuals who actually have gone through the process to receive a CCDW, less than 3% of those individuals have gone on to commit a crime after receiving their certification. So that alone shows that this type of legislation works."
The bill draws support from organizations like ChristianaCare, the Delaware Psychological Association, and Nemours Children’s Health, as well as officials such as Lieutenant Governor Bethany Hall-Long
SB2 cleared through the Senate Judiciary committee and now heads to the Senate Finance Committee
