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 Post subject: Re: Del House Bill 35 Committee Hearing tomorrow 3/13 12:30p
PostPosted: Thu Mar 28, 2013 10:31 am 
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What gets me is things like HA3. It says they can't form a registry. Yet that's exactly what I hear coming out of the folks representing the governor and AG's office. Just yesterday, during the hearing for SR16 and 18 they said that those bills will help them in gun traces. If that's not a backdoor registration then I don't know what is. Because if you can trace the gun from the manufacturer to any and every end user, and every step along the way, then you have a de facto registry. Just because it's not all in one computer program doesn't change the fact.

About the only things missing would be 'older' guns that were sold before they had any background checks and were sold privately. Of all the guns I own only a couple fit that description.

Regardless I just don't see any felon or gun runner going through this process since the government isn't prosecuting straw purchases.

Here's the latest 'leak' from the AG's office showing how little gun crimes are actually prosecuted, including straw purchases which are also illegal under DE law. For the last 2 years only 5 charges of a straw purchase, and no convictions.

http://firststateliberty.org/wp-content ... 327001.pdf

Also note there's over 1000 charges, each year, for possession of a firearm during the commission of a felony and a conviction rate of about 12%.

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 Post subject: Re: Del House Bill 35 Committee Hearing tomorrow 3/13 12:30p
PostPosted: Thu Mar 28, 2013 11:31 am 
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stephpd wrote:
... Also note there's over 1000 charges, each year, for possession of a firearm during the commission of a felony and a conviction rate of about 12%.
And, it actually fell from a conviction rate of 14.0% in 2010 to 9.8% in 2011.

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 Post subject: Re: Del House Bill 35 Committee Hearing tomorrow 3/13 12:30p
PostPosted: Thu Mar 28, 2013 11:42 am 
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Boots wrote:
stephpd wrote:
... Also note there's over 1000 charges, each year, for possession of a firearm during the commission of a felony and a conviction rate of about 12%.
And, it actually fell from a conviction rate of 14.0% in 2010 to 9.8% in 2011.


I was averaging out the two using rough math. :oops:

What's worse is that they were talking about straw purchases and how SB16,18 would 'help them in going after the people that do straw purchases. Yet the bill wasn't about straw purchases but lost or stolen. Totally different things.

Going by the ATF's estimates 47% of 'illegal' guns are from straw purchases. Lost or stolen guns at the bottom of the list at about 10%. And straw purchases are already illegal according to state law.

§ 1455. Engaging in a firearms transaction on behalf of another; class F felony; class C felony.

A person is guilty of engaging in a firearms transaction on behalf of another when the person purchases or obtains a firearm on behalf of a person not qualified to legally purchase, own or possess a firearm in this State or for the purpose of selling, giving or otherwise transferring a firearm to a person not legally qualified to purchase, own or possess a firearm in this State.

Engaging in a firearms transaction on behalf of another is a class F felony for the first offense, and a class C felony for each subsequent like offense.


With over 1000 arrests, each year, for possession of a firearm during a commission of a felony you'd come up with about 500 straw purchases each year too. Yet the number for that is 2-3 each year and no convictions. 0% conviction rate.

Yet they want to turn us all into felons for what has been a perfectly legal activity for as long as we've been a state.
:banghead: :banghead: :banghead:

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"The human race divides politically into those who want people to be controlled and those who have no such desire." - Robert A. Heinlein
What a shame that we have the two major political parties that believe the former.


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 Post subject: Re: Del House Bill 35 Committee Hearing tomorrow 3/13 12:30p
PostPosted: Thu Mar 28, 2013 12:15 pm 
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THANK YOU Steve!!! Looking for that info.


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 Post subject: Re: Del House Bill 35 Committee Hearing tomorrow 3/13 12:30p
PostPosted: Thu Mar 28, 2013 12:32 pm 
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stephpd wrote:
Boots wrote:
And, it actually fell from a conviction rate of 14.0% in 2010 to 9.8% in 2011.
I was averaging out the two using rough math. :oops:
Understood. That's why I started my post with "And, ....".

stephpd wrote:
With over 1000 arrests, each year, for possession of a firearm during a commission of a felony you'd come up with about 500 straw purchases each year too. Yet the number for that is 2-3 each year and no convictions. 0% conviction rate.
Commiting a felony by lying of the form to make a straw purchase for her prohibited boyfriend... and zero (0) convictions! :roll: Unbelievable!

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 Post subject: Re: Del House Bill 35 Committee Hearing tomorrow 3/13 12:30p
PostPosted: Thu Mar 28, 2013 4:03 pm 
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HA1 to HA6
This Amendment clarifies that no fee for a criminal history background check may be charged for the return of a firearm to its owner that has been repaired, serviced or modified by a licensed gunsmith. Additionally, this Amendment makes a technical correction.

HA2 to HA6
This amendment adds transfers to a stepparent, stepchild, legal guardian, or in-law to the list of transfers that are exempt from the background check requirement.

HA8 to HB35
The purpose of this amendment is to ensure the privacy of the information contained in records kept by licensees, to preclude exploratory “fishing expeditions,” and to ensure the information is used for legitimate investigatory and prosecutorial purposes and not for personal or political advantage.

HA9 to HB35
This amendment ensures the privacy of the data, information records and reports required by 11 Del.C. §§1448A and 1448B and Chapter 9 of Title 24 by prohibiting their release through Delaware’s Freedom of Information Act.

HA10 UNKNOWN it refers back to HA9 to HB35 Found it...
This amendment will add to the exceptions to the background check requirement for those muzzle loading firearms for which no background check is required under federal law.

HA11 to HB35
This amendment would exempt shotguns from the background check requirement.


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 Post subject: Re: Del House Bill 35 Committee Hearing tomorrow 3/13 12:30p
PostPosted: Thu Mar 28, 2013 8:44 pm 
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passed in house, with all amendments except HA11 " exempt shotguns from the background check requirement"


HOUSE OF REPRESENTATIVES
147th General Assembly
Session 1 Day 18

HB 35 w/HA 1, HA 2, HA 3, HA 4, HA 5, HA 6, HA 1 to HA 6, HA 2 to HA 6, HA 7, HA 1 to HA 7, HA 8, HA 9, HA 10 Longhurst Passed
AN ACT TO AMEND TITLE 11 AND TITLE 24 OF THE DELAWARE CODE RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS IN CONNECTION WITH THE SALE OR TRANSFER OF FIREARMS.

Date: 03/28/2013 06:34 PM Passed

Vote Type:SM

Yes: 24 No: 17 Not Voting: 0 Absent: 0


Atkins N J. Johnson Y Ramone Y
Barbieri Y Q. Johnson Y Scott Y
Baumbach Y Keeley Y B. Short Y
Bennett N Kenton N D. Short N
Blakey N Kowalko Y M. Smith Y
Bolden Y Longhurst Y Smyk N
Brady Y Miro N Spiegelman N
Briggs King N Mitchell Y Viola Y
Carson N Mulrooney N Walker Y
Dukes N Osienski Y D.E. Williams Y
Gray N Outten N K. Williams Y
Heffernan Y Paradee N Wilson N
Hudson Y Peterman N Schwartzkopf Y
Jaques Y Potter Y

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It is sobering to reflect that one of the best ways to get yourself a reputation as a dangerous citizen these days is to go about repeating the very phrases which our founding fathers used in the struggle for independence. - Charles A. Beard


George


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 Post subject: Re: Del House Bill 35 Committee Hearing tomorrow 3/13 12:30p
PostPosted: Wed May 08, 2013 6:15 pm 
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Posts: 736
Signed in to law today. Effective July 1.

Markell signs gun background check bill into law
http://www.delawareonline.com/article/2 ... ck_check=1

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