Posted on 03/24/2018 6:26:57 PM PDT by imardmd1
This Act prohibits the manufacture, sale, offer to sell, transfer, purchase, receipt, possession, or transport of assault weapons in Delaware, subject to certain exceptions. One exception relevant to individuals is that the Act does not prohibit the possession and transport of firearms that were lawfully possessed or fully applied for before the effective date of this Act; although for these firearms there are certain restrictions relating to their possession and transport after the effective date of this Act. This Act is based on the Firearm Safety Act of 2013 (FSA) passed in Maryland in the wake of the tragic slaughtering of children on December 14, 2012, at Sandy Hook Elementary School in Newtown, Connecticut. The FSAs assault weapons ban was upheld as constitutional on February 21, 2017, by the full membership of the United States Court of Appeals for the Fourth Circuit, in the case of Kolbe v. Hogan, 849 F.3d 114 (4th Cir. 2017). The names Newtown, Aurora, San Bernardino, Orlando, Las Vegas, and Parkland, among others, have become synonymous with tragic killing of innocent, unsuspecting Americans of all ages and backgrounds, amidst a framework of federal and state laws that have permitted the purchase of weapons designed for the battlefield not for our schools, our theaters, our places of worship, or our homes. Safety both for the general public, as well as members of Delaware's law-enforcement community is the objective of this Act, as it was for the FSA.
(snip)
The Fourth Circuit was convinced that the banned assault weapons are among those arms that are like M-16 rifles weapons that are most useful in military service which the Heller Court singled out as being beyond the Second Amendments reach.
(snip)
(For the remainder, go to the text.)
(Excerpt) Read more at legis.delaware.gov ...
The whole purpose, as I see it, to get the bill passed is to convince other legislators (as well as the public) that because a firearm like the Armalite AR-15 semiautomatic rifle looks like the fully automatic M-16, and is therefore an assault weapon, fit only for military use. Thus any rifle constructed to look like a military gun must also be an "assault" gun. The wording baldly claims that a semiautomatic rifle is more accurate and more lethal than automatic fire, and the wording in which the idea is presented is chosen so that one might easily assume that an auto-loading gun is thereby necessarily capable of automatic fire.
All Delawareans need to be aware of this Senator and of his co-sponsors of this bill, regarding the errors in their inclination as to what they think the Second Amendment rights are. The sponsors include themselves in the concluding sentence of the Bill:
"Finding this evidence and these conclusions by the Fourth Circuit to be strongly persuasive of the applicable framework of constitutional rights, and firmly believing that promoting the safety of the Delaware public and Delaware law-enforcement is a paramount function of the Delaware General Assembly, Delaware legislators file this Act in the name of public safety and with adherence to core constitutional principles."
This Bill is awaiting consideration by the Senate Judicial & Community Affairs Committee as of this date. This bill needs never to see the floor, IMHO. I do not think the bill adheres to the core principles of the Second Amendment, but tries to twist them.
This is their final masive push to disarm us all.
They will keep using patsies and false flag events until they think they can get what they want.
All these people were well known to law enforcement including the leftard nutjob that shot Gabby Giffords.
The poers that be left these people be to use them as bait to push for disarming people under the false pretense of needing more gun control.
They will within only a couple of years end up like NYC, Baltimore and DC.
Hell holes of crime with no ability to defend.
Anyone who votes for it deserves that. The problem is those who vote against it get hurt.
So,Delaware Legislature...you might wanna take a peek at the SCOTUS case from 2016 called Caetano vs Massachusetts.The vote was 9-0 against the Massachusetts State Legislature having done pretty much the same thing you're considering.
And remember,Delaware state legislators...the US Constitution applies to Delaware.
I think we need to remind that there is a second amendment and they are more than welcome to attempt to amend or repeal it. Until then, like the first amendment and free speech, we have a second which says our rights to keep and bear arms shall not be infringed.
“This is their final masive push to disarm us all.”
No, this is the final lack of effort by Mammon-worshipping fake conservatives to sit on their fat, useless asses and do nothing to oppose the government gestapo fascists.
***... because a firearm like the Armalite AR-15 semiautomatic rifle looks like the fully automatic M-16, and is therefore an assault weapon, fit only for military use***
right out of the Josh Sugarmann playbook...
“Assault weaponsjust like armor-piercing bullets, machine guns, and plastic firearmsare a new topic. The weapons’ menacing looks, coupled with the public’s confusion over fully automatic machine guns versus semi-automatic assault weaponsanything that looks like a machine gun is assumed to be a machine guncan only increase the chance of public support for restrictions on these weapons. In addition, few people can envision a practical use for these weapons.”
Josh Sugarmann
An intolerable act. They better not try such in Alabama. We still know how to tie nooses here.
All of that "education" and the guy is a total moron. What if Planned Parenthood started aborting babies by pulling them out alive and shooting them? That is quite the conundrum. Liberals find no difference between talking points, emotion and law. Most of them know damn well that a good portion of what they propose is usually against the Constitution and personal rights. It's all about power to the liberal in the long run.
Thanks for the hint. I will look it up and if it applies, I will speak of it to my recently elected Republican Senator Delcollo, who in 2016 overturned a seat long-held by a Democrat that I really dislike. Though he is not on the Committee that considers this Bill, there are at least two other Republicans that do, the minority whip Greg Lavelle of Senate District 4, and Dave Lawson of Senate District 15.Take note, Delawareans!
Are there non-deadly weapons?
Here it is.Remember,the vote by SCOTUS was 9-0.Every Rat appointee voted against the Massachusetts State Legislature.
the kids do not work for tge govt.
The Fourth Circuit was convinced that the banned assault weapons are among those arms that are like M-16 rifles weapons that are most useful in military service which the Heller Court singled out as being beyond the Second Amendments reach.
Beyond the Second Amendment’s reach? The purpose of the second was to allow “military style” weapons to available to the people, who also comprised the militia.
A roofing hammer is like a tomohawk. Extremely deadly. Better ban those while you’re at it.
The left have been doing stuff like this since the Reichstag fire.
Agree with what you posted. The right
to keep and bear arms (doesn’t signify
which we are allowed to keep and bear)
is a natural right to defend, and cannot
by the most primitive nature of man, be
denied. I have the right to meet force
with equal force to insure my survival.
If someone lobs a grenade in my
direction, I should have the right to
lob one back.
I am hoping some legal eagle will give an opinion, but as I remember it, in Miller the Supremes told us that it was OK to outlaw short barrel shotguns because they had no military application. This is settled law in the US.
Now someone is telling us that it is OK to outlaw AR-15s because they look like they do have military applications.
* * * * * * * * * * * * *
President Trump needs to have at least one and preferably two SC appointments before we can be comfortable. Pray for him.
Thank you very much. I will read it through.
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