SB85 - Constitutional Carry

[adit]

To be heard in Committee on June 7th, 2023 at 2pm.

https://legis.delaware.gov/BillDetail?LegislationId=130204

The bill "strikesthrough" about half of DE's firearm laws.

Synopsis:

On June 23, 2022, in New York State Rifle and Pistol Association v. Bruen, 142 S. Ct. 2111 (2022), the United States Supreme Court completely and dramatically changed the manner in which state-level gun laws are to be evaluated for constitutional sufficiency. Although not directly addressed in a definitive fashion the way other states' concealed carry laws were, Delaware's concealed carry law was mentioned by the Court in a manner signaling that certain flaws in our law must be immediately addressed. This Act is designed to address those issues raised by the Bruen decision in a manner meant to save Delaware's concealed carry law from a successful constitutional challenge. This Act addresses current constitutional deficiencies while maintaining public safety issues unique to Delaware. Section 20 of Article I of the Delaware Constitution guarantees that “a person has the right to keep and bear arms for defense of self, family home and state…”. Both the United States Supreme Court and the Delaware Supreme Court have recognized the right of self-defense to be fundamental and to have pre-dated the formation of our country. As of 2020, there were over 18,600,000 Americans with concealed carry permits and 24,400,000 adults living in states where no permit is required to carry a concealed firearm, which is a 420% increase in the number of adults living in states allowing the public carrying of a firearm since 1988. As of the beginning of 2021, there were 18 states where no permits were required to carry a concealed firearm, 25 states that were considered “shall issue” permit states, and 9 states that were considered “may issue” permit states. This Act brings Delaware law concerning the carrying of concealed deadly weapons into conformity with Section 20 of Article I of the Delaware Constitution by allowing a person who is 21 years of age or older and not a prohibited person under either Delaware law or the laws of the United States to carry a deadly weapon concealed on or about their person for the purpose of defending self, family, home, and State. In addition, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and conforming amendments in other provisions of the Delaware Code to account for the removal of the requirement to obtain a license to carry a concealed deadly weapon.

Text of Bill: https://legis.delaware.gov/json/Bil...tionTypeId=1&docTypeId=2&legislationName=SB85

PDF of Bill: https://files.constantcontact.com/b7141e40301/2c241b1b-ce4d-496a-9098-d3719c641765.pdf

I'd place a bet now that not a single D, with their supermajority, votes for this and it doesn't even make it out of Committee. I hope I am wrong.

 

[rgdguns]

They need to overhaul the ccdw permitting getting rid of add in paper and references at a minimum but I am on the seesaw about trashing it all together.

 

[delaware_export]

Dems in De still hold healthy majorities, right?

do ya really think this will go anywhere?

other then fhe dead letter office or recycling bin?

 

[Biggfoot44]

I see a desk drawer in its future .

 

[BartExp]

Ah to dream. This is going nowhere.

 

[Song Dog]

Dead on Arrival, this was tried last year or the year before, it died so fast DE gun owners never knew about it, went into the Dem trash can

 

[leakytire]

If at first you don't succeed............at least it's better than nothing. hopefully a lot of people show up to support...

 

[JoeyBimmer]

They need to overhaul the ccdw permitting getting rid of add in paper and references at a minimum but I am on the seesaw about trashing it all together.

It doesn't matter, WV permit is reconized by DE, and the WV requires some training that has live fire.

I used my Maryland wear and carry class for a WV permit, and I carry in DE.

Concealed Carry Deadly Weapons (CCDW) - Delaware Department of Justice - State of Delaware

Delaware Concealed Carry Deadly Weapons (CCDW) Reciprocity Information, Approved Instructors List, and the CCDW Instructor Portal can be found here.

attorneygeneral.delaware.gov

I still have to figure out prohibited places in DE, besides the nonsense 1000' from schools.