Gov. John Carney signed legislation on Wednesday that strengthens penalties for illegal purchases of firearms.
The legislation, sponsored by Sen. Harris McDowell and Rep. Larry Mitchell, raises the first offense of purchasing or obtaining a firearm for someone not legally qualified to own, possess or purchase one from a Class F to a Class E Felony.
Delaware also requires gun owners to report firearms thefts.
The bill passed both Houses by a near-unanimous margin, with only one member of each chamber absent.
“Straw purchasers are circumventing the laws that we have set up to interdict illegal firearms,” said Sen. McDowell, D-Wilmington. “We have to stop them if we are going to keep our families, neighborhoods, and law enforcement officers safe. Anyone who would purposefully buy a firearm with the intent to put it in the hands of a dangerous criminal deserves to face charges that not only fit the crime, but also make clear that nobody is above the law. I think we have done that with this bill, and I am proud to have sponsored it.”
“Reducing gun violence throughout Delaware requires a multi-pronged approach. There is no single effort that will solve the problem, so we have to be open to several different efforts,” said Rep. Mitchell, D-Elsmere. “Studies into gun-trafficking cases have shown that straw purchases are a huge part of the problem – nearly half of gun-trafficking cases involved straw purchases. If people know that significant jail time is more likely, we can hopefully reduce these crimes before they occur.”
“The Delaware State Police stands with the governor and members of the General Assembly in support of this legislation as it specifically focuses on increasing consequences for those that purchase and illegally supply guns to those that cannot and should not have them. In some cases these are the very guns that contribute to gun violence and significantly impact the safety of communities across the state,” said Col. Nathaniel McQueen Jr., superintendent of the Delaware State Police.
The bill is one of a number of pieces of gun-related legislation that have gone before the General Assembly.
Legislators have faced opposition from groups that oppose nearly all bills. Some claim the Second Amendment overrides all state regulation and fear that even popular bills will pave the way for more restrictive legislation.
