‘Permit to purchase’ gun bill now one step closer to becoming law in Delaware

DOVER, Del. – Legislation to require a permit to purchase a firearm is now one step closer to becoming law in Delaware.

Senate lawmakers voted 15 to 6 on Thursday in favor of the bill which now heads to Governor John Carney’s desk after it passed in the House of Representatives a week ago. Senate Substitute 1 for Senate Bill 2 would require a permit for all firearm purchases through a state mandated application process.

The bill has been mired in controversy for years as prior attempts for it to pass failed in past legislative sessions. Supporters claim that the measure will help address incidents of gun violence across the state while the bill’s opponents argue that it’s unconstitutional.

Following the legislation’s final passage in the Senate, lawmakers and elected officials from both sides of the aisle issued statements reacting to the news, including the bill’s primary sponsor, Senate Majority Whip Elizabeth “Tizzy” Lockman.

“While this bill alone may not have prevented every senseless gun death, the training required by Senate Bill 2 will give Delawareans struggling with mental health a second chance to find the help they need,” Sen. Lockman said. “Senate Bill 2 will stem the flow of handguns into our communities. And Senate Bill 2 will disrupt the illegal gun trade at the root of the bloodshed we see here in the First State on a near daily basis.”

Delaware Governor John Carney said he looks forward to signing the bill into law in a statement he issued praising its passage.

“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,” Governor Carney said. “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.”

Delaware’s Attorney General Kathy Jennings also speaking out following the bill’s passage where she said the bill becoming law would help reduce gun violence and death in Delaware.

“The Senate today passed the single most impactful piece of gun safety legislation available to our state. States with permit to purchase laws have 25% lower gun homicide rates and 50% lower gun suicide rates than those without, and reduce gun trafficking by 75%,” Attorney General Jennings stated. “This bill doesn’t ban anything. It simply says that owning a tool whose sole purpose is the ability to kill — and in particular owning a handgun, which is overwhelmingly the weapon of choice in gun crime — is a responsibility that ought to involve training.”

Meanwhile, Moms Demand Action, a grassroots gun reform group, has advocated for the legislation’s passage for years. They issued a statement praising the bill and thanking the lawmakers who championed it in the Delaware General Assembly.

“This brings us just one step closer to having permit to purchase become law, hopefully saving countless lives in Delaware,” said Kimmy Newell, a volunteer with the Delaware chapter of Moms Demand Action. “This life saving measure will continue to make Delaware’s gun violence prevention laws stronger and our streets safer. We’re grateful to our gun sense champions who have been fighting alongside us over the past six years to get this critical legislation over the finish line, especially in the Senate who have led this charge from the start. We look forward to seeing Governor Carney fulfill his commitment to signing it into law.”

Across the aisle, Republicans are outraged. Senate Republican Leader Gerald Hocker and Senate Minority Whip Brian Pettyjohn both opposed the legislation and issued a statement following its passage where they called out the Democrats who all voted in favor of the bill.

“This afternoon, the Delaware State Senate engaged in a lengthy debate regarding SS 1 for SB 2, as amended. Our caucus offered 13 amendments during the discussion, all of which were deemed “unfriendly” by the Senate Majority,” their joint statement read. “These amendments included language that would clarify no firearm registry could be implemented, require prompt issuance of a permit if certain criteria were met, allow for a longer period in which individuals could acquire legal counsel should a permit be denied, and more. 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.”

The Delaware State Sportsmen’s Association (DSSA) has vowed to file a lawsuit challenging the legislation if its signed into law.

“I made a promise, anybody that will listen, the day the Governor signs it, if there’s still time and the courts are open, or delay us until the next morning, there will be a lawsuit filed against this case,” DSSA President Jeff Hague said in an earlier interview with 47 ABC. “We’re ready to go if they choose to do this.”

The bill now awaits Governor Carney’s signature.

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