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Delaware CCW reform Is NOT a Reform now

Discussion in 'Legal' started by Master Blaster, Apr 10, 2006.

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  1. Master Blaster

    Master Blaster Member

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    Well folks we had all been hoping that the House Bill 359 would do a reform on the CCW law in Delaware changing it from may issue to shall issue. Unfortunately the Bill has been loaded by the Anti-Gun Representative Mary ann Marshall from District 5 Bear/ Newark with all kinds of new requirements and restrictions which will make it harder to get CCW and much harder for existing licensees to carry and keep the CCW.

    Here are some of the amendments to the bill adding new restrictions as to where we can carry. The best is the yearly accuracy test whcih will be designed and administered by none other than our Homeland Security director former Anti-gun head of the Maryland State police, David B. Mitchell.

    I am asking all of our Delaware members to call their state Senator and representative and tell them you oppose this horrible bill.


    AMEND House Bill No. 359 by adding a new Section 13 to read as follows:
    "Section 13. AMEND §1441 of Title 11 of the Delaware Code by adding a new subsection (t) to read as follows:
    '(t) No person who has a license to carry a concealed deadly weapon pursuant to this section shall carry a concealed deadly weapon into any hospital, free standing health delivery facility, physician's office, nursing home, assisted living facility or any other licensed healthcare facility. A violation of this subsection shall result in revocation of the license.'"
    HOUSE AMENDMENT NO. 12 TO HOUSE BILL NO. 359






    AMEND House Bill No. 359 by adding a new "Section 6" thereto to read as follows:
    "Section 6. Amend §1441 of Title 11 of the Delaware Code by adding a new subsection (o) to read as follows:
    '(o) Any person who is licensed and who is carrying a concealed deadly weapon under this section, who is questioned or detained by a law enforcement officer during the normal course of the officer's duties, shall immediately advise the law enforcement officer that they are carrying a concealed deadly weapon and shall produce their concealed deadly weapon permit.
    (o)(1) Whoever violates subsection (o) of this section shall have their concealed deadly weapon permit suspended by the Court for no less than six months for a first offense and no less than one year for any subsequent offenses.'"
    FURTHER AMEND House Bill No. 359 by inserting after the word "Code" on line 28 the following
    "(5) the licensee has violated subsection (o) of this section."



    AMEND House Bill No. 359 by adding a new Section 12 as follows:
    "Section 12. Amend §1441 of Title 11 of the Delaware Code by adding thereto a new subsection (s) to read as follows:
    '(s) The names of individuals with a license to carry a concealed deadly weapon shall be placed within the Delaware Criminal Justice Information System.'"


    SYNOPSIS
    This Amendment requires the names of persons with licenses to carry a concealed deadly weapon to be available within the Delaware Criminal Justice Information System. This will allow a police officer who pulls a motorist over and runs the license tag to access whether that motorist has a concealed deadly weapon.

    AMEND House Bill No. 359 by adding a new Section 11 as follows:
    "Section 11. Amend §1441 of Title 11 of the Delaware Code by adding after the last sentence of subsection (a)(1) the following:
    'The person shall also sign a form permitting the Superior Court to have access to all medical records including mental health records of such person and shall provide any medical records to the Superior Court that would be relevant to the Court's determination as to whether the person's application should be denied or granted.'"
    AMEND House Bill No. 359 by adding a new Section 10 as follows:
    "Section 10. Amend §1441 of Title 11 of the Delaware Code by adding renumbering subsections (a)(4) and (a)(5) as subsections (a)(5) and (a)(6) respectively and by adding a new subsection (a)(4) as follows:
    '(a)(4) No person shall receive a license to carry a concealed deadly weapon pursuant to this section unless such person successfully passes a firearm shooting accuracy test. The Department of Safety and Homeland Security shall develop through rules and regulations the standards for the shooting accuracy test that a person licensed to carry a concealed deadly weapon must meet in order to obtain a license to carry a concealed deadly weapon.'"

    SYNOPSIS
    This Amendment creates a shooting accuracy test that a person must pass in order to obtain a license to carry a concealed deadly weapon.
    AMEND House Bill No. 359 by adding a new Section 9 as follows:
    "Section 9. Amend §1441 of Title 11 of the Delaware Code by adding thereto a new subsection (r) to read as follows:
    '(r) Every person who has a license to carry a concealed deadly weapon pursuant to this section shall on a yearly basis participate in live fire shooting exercises conducted on a range which shall include the expenditure of a minimum of 100 rounds and a shooting accuracy test. A person, in order to maintain a license to carry a concealed deadly weapon, must successfully pass the firearm shooting accuracy test. The Department of Safety and Homeland Security shall develop through rules and regulations the standards for the shooting accuracy test that a person licensed to carry a concealed deadly weapon must meet in order to maintain a license to carry a concealed deadly weapon.'"

    AMEND House Bill No. 359 by adding a new Section 8 as follows:
    "Section 8. Amend §1441 of Title 11 of the Delaware Code by adding thereto a new subsection (q) to read as follows:
    '(q) No person who has a license to carry a concealed deadly weapon pursuant to this section shall carry a concealed deadly weapon into a building used for the purpose of the gathering, entertainment, or health care of senior citizens. A violation of this subsection shall result in revocation of the license.'"
    AMEND House Bill No. 359 by adding a new Section 7 as follows:
    'Section 7. Amend §14412 of Title 11 of the Delaware Code by adding thereto a new subsection (p) to read as follows:
    '(p) No person who has a license to carry a concealed deadly weapon pursuant to this section shall carry a concealed deadly weapon into a church or house of worship. A violation of this subsection shall result in revocation of the license.'"
    AMEND House Bill No. 359 by adding a new Section 6 as follows:
    "Section 6. Amend §1441 of Title 11 of the Delaware Code by adding thereto a new subsection (o) to read as follows:
    '(o) No person who has a license to carry a concealed deadly weapon pursuant to this section shall carry a concealed deadly weapon into a taproom or tavern. A violation of this subsection shall result in revocation of the license.'"

    BTW Taverns and Taprooms, include all Delaware establishments including resteraunts that serve alcohol in any form.
     
  2. Kharn

    Kharn Member

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    No carrying in senior centers, where the hell did that come from? :scrutiny:

    Kharn
     
  3. Master Blaster

    Master Blaster Member

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    Whats even worse Kahrn, is that today I recieved an E-mail form the NRA-ILA urgeing me to call my representative and ask them to vote for this odeus piece of DODO.
     
  4. Hardware

    Hardware Member

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    Contacted my senator and rep, who unfortunately is Marshall. I also informed her she couldn't get my vote for dog catcher after this.
     
  5. ElTacoGrande

    ElTacoGrande Member

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    What I don't get is that DE has reciprocity from FL. They will accept non-res FL permits, which, as we know, are shall-issue. This doesn't make sense. Couldn't DE residents all just get FL permits and use those?
     
  6. Rumble

    Rumble Member

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    ElTacoGrande: actually, the law in Delaware (as far as I recall it...too lazy to go actually look, you know :)) says that Delaware residents must actually possess Delaware-issued permits in order to carry concealed. An out-of-state permit for someone who lives there isn't good enough.

    So, as logically follows, if you live outside of DE, you can jander through there with a weapon with far less hassle than you could if you put down roots and contributed your hard-earned to the local economy.

    Because that makes perfect sense.
     
  7. Vermont Guy

    Vermont Guy Member

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    Yes it's bad...

    but most of those restrictions are in the newer laws. Kansas' new law prohibits carry in church and taverns are off limits in Missouri.

    That open ended test could be a problem though. Annual test indeed.

    We do need to start turning the may issue states into shall issue though.
     
  8. Kharn

    Kharn Member

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    Rumble's right.
    One of my friends in college (UDel in Newark) was a DE native, he wasnt too happy that he was stuck going through their permit process, while I just sent my money in to Florida and could carry without a hassle. He sent the AG a letter just to make sure his reading of the law was right and their response was that he needed a DE permit.

    Kharn
     
  9. Standing Wolf

    Standing Wolf Member in memoriam

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    Ludicrous.
     
  10. LAR-15

    LAR-15 Member

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    Is she good buddies with Sarah Brady, Delaware's gun banning queen?
     
  11. ElTacoGrande

    ElTacoGrande Member

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    I'm just happy that for once, my being a California resident gives me some advantage over the people in some other state!

    Seriously, that's crazy. The politicians are saying, "Good citizens of Delaware, we trust everyone else in the US more than we trust you! You are all too crazy to be trusted with a gun, but anyone from the other 49 states is alright!"

    Another question: Does Sarah have a DE permit? It seems like most of the top gun-banners pack, so I'm wondering if she does.
     
  12. Gray Peterson

    Gray Peterson Member

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    Wait a minute

    HB359

    Folks, all this says is "Placed With Bill". It does not mean that these amendments by Melanie Marshall have been added to the bill. That just means the amendments will be up for consideration when there's a vote on the House of Representatives floor.

    Please do call your representatives if you're in Delaware, and demand rejection of ALL of Marshall's amendments. She's pulling an Ernie Chambers with her crap. She's a democrat anti-gunner from Wilmington, that's all that needs to be said.

    It's still a good bill, you folks thinking that the amendments are done deal is disturbing. Actually read through Delaware's legislative process and you'll see that "PWB" means amendments for consideration later. They are NOT part of the bill yet.
     
  13. Master Blaster

    Master Blaster Member

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    Representative Melanie George Marshall (D)
    Bear/Newark Legislative District: 5


    Legislative Hall Office Outside Office
    P.O. Box 1401
    Dover, DE 19903



    302-744-4351
    Carvel State Office Building
    820 N. French St.
    Wilmington, DE 19801



    302-577-8476



    E-mail Address: melanie.marshall@state.de.us
    Occupation: Attorney Richards, Layton, and Finger.


    LEGISLATIVE PROCESS:
     

    Attached Files:

  14. Hardware

    Hardware Member

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    I love the amendments about where you can't carry a gun. Why not just post signs outside "Unarmed people here. Criminals and spree killers, open season!"
     
  15. Master Blaster

    Master Blaster Member

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    Yeah, Imagine that you own a Bar/ Taproom / Restaurant in a bad part of town, or heck even a decent part of town. You have to carry cash and lock up late at night. Now you cant carry concealed or possibly even at all in your own establishment. Imagine you are old and live in a bad neighborhood that used to be a good one. You went to the trouble to get a CCW even though the dealers and theives that hang out on the corner carry and dont bother with a permit. You have to walk past a couple such corners to get to the senior center where you go every day. Now you cant carry to protect yourself legally either.

    Then there is the accuracy qualification, David Mitchell former antigun chief of the Maryland State Police, father of the shell casing registry who is now our chief of Homeland security will be designing and administering your annual 100 round qualification. Unfortunately he doesn't have the time, or money, or the range time to do that. SO as folks comeup for their annual qualification, tough luck, you loose your CCW.

    Just a few of the wonderful scenarios possible with this common sense reform of the CCW law in DE.
     
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