Bill Text: DE SB204 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend The Laws Of Delaware And Title 16 Of The Delaware Code Relating To Gun Safety.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2012-06-13 - Defeated by Senate. Votes: Defeated 8 YES 13 NO 0 NOT VOTING 0 ABSENT 0 VACANT [SB204 Detail]
Download: Delaware-2011-SB204-Draft.html
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SPONSOR: |
Sen. Marshall & Sen. Henry & Rep. Keeley |
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DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
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SENATE BILL NO. 204 |
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AN ACT TO AMEND THE LAWS OF DELAWARE AND TITLE 16 OF THE DELAWARE CODE RELATING TO GUN SAFETY. |
WHEREAS, legislation was enacted during the first session of the 146th General Assembly to establish a "Community Firearm Recovery Program" for purposes of safely removing illegal, unsecured, abandoned, or unwanted firearms from local communities, based on other successful "firearm buy-back" programs around the nation; and
WHEREAS, the concept behind the program is that every unwanted gun we can buy back is one less weapon that can fall into the hands of criminals who would use them to threaten or harm our fellow citizens; and
WHEREAS, the General Assembly appropriated $100,000 to help fund a one-year pilot program; and
WHEREAS, the first firearm buy-back event held under the program took place in December 2011, at Wilmington's Full Gospel Baptist Cathedral, resulting in the successful recovery of more than 2,000 weapons;
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.Amend §4, Chapter 134, Volume 78, Laws of Delaware, by deleting text as shown by strike through as follows:
Section 4.This Act shall sunset on July 1, 2012 absent
further appropriations, in addition to the pilot program appropriation, by the
General Assembly.
Section 2.Amend §10402, Title 16, Delaware Code, by making additions as shown by underlining as follows:
(5) "Committee" means the Fund to Combat Violent Crimes Committee created pursuant to §4101(h)(4), of Title 11 of the Delaware Code.
Section 3.Amend §10403 and §10404, Title 16, Delaware Code, by making insertions as shown by underlining and deletions as shown by strike through as follows:
§10403.Program.
The CFRP is hereby
established and shall be implemented by the Committee and agencies as
funds are allocated.Within 3 months of
receipt of funding, the agency Committee shall:
(1) In
coordination with the community groups agencies applying for the use
of such funds within their jurisdictions, the Committee shall, in accordance
with the process outlined in 11 Del. C, §4101(h)(4)a, select a location
sites for purposes of implementing a theCommunity Firearm Recovery Program; and,
(2) Designate dates and times when a participating individual may surrender a firearm as defined in §10402(3) of this Title in exchange for funds of a predetermined value, or gift certificate or coupon of equal value.The participating agency shall determine the amounts to be exchanged for each firearm surrendered.
(3) Allocate amongst the agencies, the fund, appropriated for the CFRP.
§10404.Funding.
Under this
section, the "Firearms Recovery Fund" shall be established.The Secretary of Safety and Homeland Security
shall promulgate rules and regulations for the implementation of this Program, the
distribution of funds, and for the safe storage and disposal of recovered
weapons in the possession of the participating law-enforcement agency.For purposes of this chapter, "disposal" may
include the sale or transfer of the firearms to a federal licensed dealer,
defined as a person licensed as a firearms collector, dealer, importer, or
manufacturer under the provisions of 18 U.S.C. §922 et seq., or destruction of
the firearms.The Committee shall
review requests by agencies for use of such funds and shall equitably
distribute those funds for agency use.
SYNOPSIS
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This Bill recognizes the success of the Community Firearm Recovery Program.It removes the sunset provision from the original Act.It also provides for the Fund to Combat Violent Crimes Committee to allocate appropriated funds to various police agencies applying for use of Community Firearm Recovery Program Funds on an ongoing basis |
Author: Sen. Marshall
