|The following is being provided as a service to our members. The following is our opinion and is being provided for your information, only. It MAY NOT BE RELIED UPON AS LEGAL ADVICE. You are strongly advised to seek independent legal counsel BEFORE taking any action concerning the contents of HB 450 or this Alert. |
Read HB 450 w/HA 1 Late on the evening of Jun 16, 2022, the Delaware Senate voted to approve HB 450 with House Amendment #1 and sent it to Governor Carney’s desk for signature. As of this Alert, HB 450 has not yet become the law of the land – but it will – probably very soon. Governor Carney, like his fellow Democrats who voted for this bill in both the House and Senate, has nothing but contempt for you, your rights and your guns. Expect him to sign it. Based upon our reading of HB 450 as amended by HA 1 we believe the following to be true:
1. HB 450 will become law and become effective the moment the Governor signs it.
2. In addition to the 63 firearms specifically listed in the bill, HB 450 also bans a. All Semi-auto rifles with a detachable magazine – ALL b. All semi-auto shotguns with a folding or telescoping stock – ALL c. All pistols with anyone (1) of the following – detachable magazine outside the grip, threaded barrel, barrel shroud. d. All shotguns with a revolving cylinder e. All pistols and centerfire rifles with a fixed magazine that can hold more than 17 rounds.
3. You can keep what you currently own at the effective date, but they become worthless – you cannot sell them.
4. You may not transport one of the banned firearms into the State – once it’s out you can never bring it back. No one from outside the State can bring one into the State.
5. You cannot buy one of those firearms in another state and bring it into the State.
6. If you owned one of the firearms but kept it out of state, you may not bring it into Delaware after the effective date.
7. You may not sell, offer for sale, transfer, purchase, receive or possess one of the banned firearms after the effective date – except you can keep what you had on or before the effective date.
8. An FFL can sell or service those firearms to or for a law enforcement agency
9. An FFL can sell out of State – but not in-state – pursuant to federal law
10. An FFL can return a firearm to its lawful owner (meaning (s)he owned it before the effective date) if the FFL had it for repairs.
11. An FFL can keep what (s)he had before the effective date.
12.The burden is on you to prove that you owned the firearm on or before the effective date.
13. If you owned/possessed on or before the effective date you may possess it at home, your place of business, on other property you own or on property where the owner gives you express permission, at a shooting range, other specifically specified events – see the bill. 14. You may transport the firearm between any of the legally permissible places but you may only do so if the firearm is cased and locked. 15. You may not carry, either openly or concealed, one of the banned firearms for self-protection or for protection of your family. The list above is just a brief overview of HB 450. There is more to this bill. Again, you MAY NOT rely on this synopsis of HB 450 for legal purposes. You SHOULD seek legal counsel before taking any action with regard to HB 450. Read The bill for yourself. We sincerely hope that you will find the information which we have provided as a service to our members to be helpful.
CALL TO ACTION
1. Call or contact Governor Carney and ask him to veto HB 450 – he won’t do it, but ask him anyway. He knows this bill is unconstitutional on a number of issues so he should veto this bill. 302-744-4101 or 302-577-3210; or facebook.com/JohnCarneyDe/ ;or Twitter.com/johncarneyde/; or Instagram.com/johncarneyde/ 2. DSSA has retained legal counsel and is preparing to challenge HB 450 in court – WE NEED YOUR HELP! Please donate and help us fight for your rights. Lawsuits are expensive – and HB 450 isn’t the only unconstitutional bill the Democrats have rammed through the General Assembly this year that must be fought in the Courts.
You must never let tyranny prevail.
YOUR HELP IS NEEDED – NOW! Never in the past have we used a legislative Action Alert to raise funds – but this time is different. The threat is real. This bill could pass. And if it does pass, DSSA must go to court to stop this bill if it passes. WE NEED YOUR HELP. We have already retained legal counsel. We are preparing – we will defend your rights. But you need to help too. Please contribute to DSSA’s Civil Rights Defense Fund. Every cent you contribute will go to pay legal fees, in either this suit, or in the next – and we all know there will be more. Freedom is not free – do your part.
DSSA is funded through memberships and donations. Lawsuits are expensive. The only way DSSA can continue to protect your constitutional rights is with your help. Join or donate today.
JOIN HERE! DONATE HERE!
Thank you for supporting DSSA and thank you for supporting Firearm Freedom here in the First State. YOUR VOICE IS IMPORTANT – LET YOUR VOICE BE HEARD
Delaware State Sportsmen’s Association National Rifle Association Institute for Legislative Action DELAWARE STATE SPORTSMEN’S ASSOCIATION P.O. BOX 94, LINCOLN, DE 19960 – http://dssa.us