After five years and four different versions of the bill, a law requiring firearm training before purchasing a handgun, known as "permit-to-purchase," passes in the Delaware General Assembly.
The bill returned to the State Senate on Thursday after clearing the House last week with additional amendments.
Senate Majority Whip Elizabeth "Tizzy" Lockman's (D-Wilmington) bill passed on a party-line vote of 15-6 after three hours of debate.
What does this bill mean for those looking to purchase a firearm
Lockman and Melissa Minor-Brown's (D-New Castle) bill requires those looking to purchase a handgun to have completed an approved firearm training course.
In addition to completing an approved training course within five years of the purchase date, applicants looking to buy a handgun must be at least 21 years old, must not be prohibited from possessing a deadly weapon and must not poses a danger of causing physical injury to self or others by possessing firearms.
After completing a training course, state residents legally eligible to purchase a handgun would then submit a permit application to the State Bureau of Identification (SBI). SBI would then have 30 days to fingerprint the applicant, confirm they are legally allowed to own a handgun, and issue a handgun qualified purchaser permit required at the point of sale.
Those looking to purchase a firearm may pay fines related to fingerprinting and the required training, but a fee will not be charged to obtain the permit.
A holder of a valid concealed carry permit, a qualified law-enforcement officer and a qualified retired law-enforcement officer are not required to obtain or present a handgun qualified purchaser permit.
Lockman also clarified this bill will not apply to shotguns or long gun style weapons.
Proposed amendments from Senate Republicans
Senate Republicans introduced 15 additional amendments to the bill, all of which were defeated on a party-line vote or stricken by the author.
The amendments attempted to make additions to the bill like "[make] clear a person's due process rights as it relates to their ability to retain their permit," "[require] prompt issuance of a permit if certain criteria are met by a handgun qualified purchaser" and make technical changes related to language around gender, demographics and the concerns of creating a firearm registry.
Lockman did not friendly any of the proposed amendments, and her response remained consistent throughout the debate.
"Senate Bill 2 was introduced last April, and we did pass it overwhelmingly in this chamber last May, and it's been awaiting final action for over 300 days. We know that thankfully we have a very generous 18-month window ahead of us until the bill would take effect. I'm willing to work with you and other colleagues on some of these ideas in crafting future legislation to make the law stronger, but I’m concerned that these are not being offered to make the bill stronger or better, but merely as an effort to delay this life-saving law even further," Lockman said.
“We are disappointed that none of the common sense amendments presented passed. We are confident, however, whether the legislation was further amended today or not, the judicial system will find the Permit to Purchase law unconstitutional," Senate Republican Leader Gerald Hocker (R-Ocean View) and Senate Republican Whip Brian Pettyjohn (R-Georgetown) said in a statement following the bill's passage.
In his closing statement, State Sen. Eric Buckson (R-Dover South) expressed his disappointment with waiting to address concerns from Republicans instead of considering the amendments as they were introduced.
"This side of the aisle has offered up amendments not to delay, which was referenced in the script, but to simply acknowledge we don't have the votes... Let's offer up some amendments that help to make the bill better right now, not later in hopes, but right now," Buckson said.
Lockman said she is willing to work on proposed changes to the bill with Buckson and others over the legislative break.
Amendments previously added to the bill
The bill's House prime sponsor and House Majority Leader Melissa Minor-Brown added an amendment that removed the requirement that the Delaware Department of Safety and Homeland Security would provide vouchers to cover the full cost of firearm training for anyone whose household earns less than 200% of the federal poverty guideline.
The amendment also extends the length of time a handgun qualified purchaser permit is valid from the date of issue to 2 years and allows local law-enforcement agencies to remove handguns from someone if their permit is revoked.
State Rep. Jeff Spiegelman's (R-Clayton) amendment that passed with some bipartisan support provides an exemption for certain professionals and individuals from the firearm training program, such as armored car guards and correctional officers.
Minor-Brown later introduced an amendment exempting those individuals from the training "only if the firearm training they undertake as part of their employment meets the requirements for training" outlined in the bill.
Minor-Brown introduced an additional amendment that explicitly exempts application and permit information from the Freedom of Information Act.
Lawsuit on the horizon
Delaware State Sportsmen’s Association (DSSA) President Jeff Hague says his organization has already drafted a complaint challenging the law’s constitutionality, a concern Republicans from both chambers brought up several times.
“A court case will be filed either the same day or the day after the governor signs it — as soon as we finalize the complaint because we may have to amend the complaint based on the bad amendments that were passed," Hague said.
Hague is referring to amendments added to the bill in the House last week, which he believes will make the bill “easier to overturn on procedural grounds.”
Hague also cited a similar permit-to-purchase law being ruled unconstitutional in Maryland by a three-judge U.S. Fourth Circuit Court of Appeals panel in November 2023.
Maryland's request for a rehearing has since been granted, and the case is tentatively scheduled for oral arguments next week by the full 14-member court.
DSSA is also currently involved in a lawsuit against Delaware's ban on assault weapons and large capacity magazines.
A federal judge denied the DSSA's request for a preliminary injunction against both of the laws, but they have since appealed that decision. The Third Circuit Court heard oral arguments on Monday and is expected to make a decision within the coming months.
State officials react
Delaware Attorney General Kathy Jennings, who argued the constitutionality of the bill during its House debate, issued the following statement: "I am proud to stand for this legislation. I am grateful for the advocates who have fought tirelessly and who waited years for this moment. And I am in awe of Sen. Lockman and Rep. Minor-Brown, who have fought tirelessly to get us here, who have worked in good faith to accommodate reasonable compromises for the last 18 months — indeed for the last five years — and who shepherded this legislation masterfully to the Governor’s desk. This is a great day for our state.”
2024 Democratic candidates for governor New Castle County Executive Matt Meyer and Lt. Gov. Bethany Hall-Long both issued statements in support of the legislation's passage.
“With the passage of the permit-to-purchase legislation and other public safety measures, we have an opportunity to be first in the nation in gun safety and violence prevention. As Governor, I will continue to champion common-sense gun safety policies that prioritize the well-being and security of all Delawareans. We owe it to our children and our communities to enact sensible measures that reduce gun violence," Meyer said.
“Gun violence is a public health crisis, full stop. It’s on all of us to take a stand for safer communities, so I applaud the Delaware General Assembly for passing common-sense legislation to protect our kids and families,” Lt. Governor Hall-Long said. “Gun violence has caused far too many families to live with aching hearts and an empty seat at their kitchen table. With legislation like SB 2(S), we are on the path toward a safer future. I want to thank the countless advocates and legislative champions like Sen. Lockman and Rep. Minor-Brown for shepherding permit to purchase across the finish line.”
Gov. John Carney released a statement affirming his pledge to sign the bill: “As I said in my State of the State Address, reducing gun violence in our communities is a shared priority. We’ve made progress to keep our communities safe these past seven years. We’ve banned assault weapons, bump stocks, and high-capacity magazines. We’ve passed red flag laws and prevented straw purchases. Passing this piece of legislation is another important step. I want to thank the members of the Delaware Senate and Delaware House of Representatives for their leadership on this issue, along with the advocates who have supported gun safety efforts in our state. I look forward to signing this bill into law.”
What's next
The bill will now go to Carney's desk for signature to be officially codified into law.
Per the bill's language, permit-to-purchase has a maximum implementation timeline of 18 months from the date of its enactment.
Citizens who meet current firearm purchasing criteria can still buy a handgun without completing a training program until the law is officially implemented within the next 18 months.
