Wednesday, June 1, 2011
They still not grasp Amendments II, IX and X.
Below is an article that was published in today's Delaware State News.
In reading the article I found several problems that should be addressed.
Just because Delaware State Police Captain does not see a problem with the Federal government denying a person from owning firearms. Does not mean that the threat will be there. The State should be providing protection against a Tyrannical Threat of a Federal Injunction to deny a person their right. Whether it is for an hour, day, Month or years.
There are measures that can be done for states to have access without the federal government being involved. Yet, this poses a risk for more a larger central government to be in place. It also has a clear evidence that the State politicians are too eager to surrender your rights to a central government.
And anyone of the Members in General Assembly who decide to pass any part of HB 95 is violating their oath to defend your rights protected under the State Consitution and US Constituiton. Will Delawareans oppose this measure? And when it is passed how do you reverse the damage that will be in place?
One of the major flaws include Combat veterans who are at risk of being denied their right protected under Amendment 2 of the US Constitution and Article 1 §6, as well as Article 1 §20. Right to keep and bear arms. Section 20. A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use
Constitution Party of Delaware
Senate OKs Gun-control Database bill.Authorizes agencies to provide information on mentaly ill individuals
DOVER- One of four gun-control bills introduced by legistators and Governor Jack Markell in February passed in the Senate Tuesday.
House Bill 48 would authorize state agencies to provide information on mentally ill individuals to the National Instant Criminal Background Check System (NICS). Delawre is one of 10 states that have provided no information on mentally ill individuals to the federal database. The Bill passed with 11 senators voting yes, eight voting no, one not voting and one absent.
Current Delaware law prohibits the state from sharing information with the federal database, said Sen Patricia Blevins, D-Elsemere, the Senaate floor sponsor of the bill.
Several legislators expressed concerns about the bill.
Sen. David Lawson, R. Marydell., a former gunshop owner, said he agrees that the information should be provided to the federal database but disagrees with how HB48 attempts to do so.
HB 48 will abolish the states existing firearms transaction program once the new system is established. Sen. Lawson said he feels this program should remain intact.
"I find that our state folks are doing a much better job of keeping guns out of the hands of bad guys. than the feds," he said also felt the bill should not eliminate the state Firearms Transaction Approval Program (FTAP).
"If thge bill just delt with the mentally ill issue, then, I'd Support it." he said.
While the state system is effetive Sen Blevins said it doesn't go far enough.
"I agree the state does a wonderful job, but it does it for Delaware and the other 49 states do not have access to the information," she said, "This information needs to go to other states.
Delaware State Police Capt. Jason Sapp said the federal and State processes are repetitive , and if the federal government takes over firearms approval practics there's no need for the state to retain one.
The main focus is on ensuring that the federal government has all the information," he said of HB 48. "Our process is 100-percent duplicative of the federal one Lawson said he thinks it is neccessary to ensure that the rights of Delawareans are not in jeopardy.
If an individual is denied the right to purchas a firearm and appeals that decision at the state level they have a response within a few days. This process is lengthened by a few months or even years at the federal level, Sen Lawson Said.
Sen. Bushweller, D-Dover, expressed a similar concern to Capt. Sapp.
"A right delayed is a right denied for the time that a righis is delayed, he said, That a Concern for me."
Of 432 Transactions in 2010, Capt Sapp said there were 65 denials based on mental health records and and 81 denials that were rescinde. He told members of the Senate Tuesday that he doesn't anticipate this number rising too significantly it the federal system takes over for the state system.
"I have no reason to believe that by moving to this model, we'll see a huge upswing in people denied. from purchasing weapons," he said.
Sen. Lawson Argued that the bill's sponsors should consider rescinding the original bill that prohibits the state from releasing information to the federal system insteand of creating a new law.
"Keep FTAP in place so our citizens are better served by the state" he said.
HB 95 passed with one Senate amendment, which correcteed technical errors. and will now head back to the HOuse for final approval with that amendment.