DOVER, Del. (AP) - Democratic lawmakers failed Tuesday to resurrect a proposed ban on certain semiautomatic weapons after the measure failed to clear a Senate committee.
The bill failed in committee earlier this month amid opposition from gun-rights advocates, but Senate President Pro Tem David McBride put the bill at the top of Tuesday’s agenda, saying it should be considered by the entire chamber because of the intense public interest.
A motion to suspend Senate rules to consider the measure failed on a 9-10 vote as two Democratic senators sided with Republicans. The outcome drew cheers from gun-rights advocates who lined the halls outside the Senate chamber.
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The bill’s chief sponsor, Sen. Bryan Townsend, a Newark Democrat, stood up afterward to lecture his colleagues for failing to debate and vote on the measure, but not before a spectator told Townsend to “sit down.” The outburst prompted Lt. Gov. Bethany Hall-Long to threaten to clear the chamber.
“This is a disservice to Delawareans on all sides of the legislation,” said Townsend, whose bill was one of several gun-control measures introduced this session. Lawmakers already have passed a ban on bump stocks and a “red flag” bill allowing authorities to seize weapons from people deemed because of mental health issues to be dangerous.
“Unfortunately, we’ve left unexamined the key issue of what kinds of firearms should be publicly available in the first place,” Townsend said.
“We can disagree on this legislation yet still all be patriots,” he added. “There isn’t a monopoly on patriotism.”
Democratic Gov. John Carney proposed the ban on what he calls military-style assault weapons after a February shooting at a Florida high school that killed 17 people.
“He thought, considering the public interest in this bill, it deserved a vote,” Carney spokesman Jon Starkey said after the failed Senate effort.
The bill identifies dozens of “assault long guns” and “assault pistols” that would be banned. The ban also would have extended to “copycat” weapons, including any centerfire rifle that has both a detachable magazine and a folding stock, and any pistol or centerfire rifle with a fixed magazine holding more than 10 rounds.
The legislation would prohibit the sale and transfer of such firearms, as well as transportation across state lines into Delaware. It would not ban possession of weapons purchased legally before the legislation’s effective date but would impose restrictions on where they could be possessed and transported.
The bill would exempt armored car guards, police, members of the military, or government officials on official business. It also would allow retired police officers to have weapons sold or transferred to them by their law-enforcement agencies on retirement, or which they purchased or obtained for official use before retirement.
Opponents argue the measure would do nothing to prevent mass shootings. They also say it would violate Delaware’s constitution, which was amended in 1987 to enshrine an individual’s right to carry guns “for defense of self, family, home and state, and for hunting and recreation,” a broader guarantee of gun rights than afforded by the Second Amendment.
“On this issue, the people of Delaware, speaking through their elected representatives, said ’no’ in committee and they said ’no’ on the floor, and I think we should respect that,” said Sen. Colin Bonini, R-Dover.
While rejecting the proposed ban, senators on Tuesday unanimously gave final approval to a “red flag” bill that enables authorities to seize guns from a person who a family member believes is a danger to himself or others.
The bill permits a family member or police officer to obtain a lethal violence protective order removing a person’s access to guns following a Superior Court hearing. Police could also seek an emergency order from a justice of the peace allowing immediate seizure of guns without notice if authorities demonstrate by a preponderance of the evidence that the person is dangerous.
The measure is similar to one passed earlier this year that allows authorities to seize guns from a person deemed by a mental health provider to be dangerous.
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