Gun control bills put some Delaware legislators in tough spots

Gun control has been the most dominant issue in the General Assembly this year and depending which way a handful of swing votes in the Senate fall could determine whether any of the high-profile measures become law.

No fewer than eight bills aimed at restricting access to certain firearms, ammunition and gun accessories have been taken up this year – all sponsored by Democrats, who control both chambers of the Legislature and Delaware's executive branch.

Some have received bipartisan support, such as the Beau Biden Gun Violence Protection Act that would allow police to seize firearms from a person deemed to be a threat by a mental health professional.

Other measures, including a proposed ban on assault weapons, are wildly controversial and have elicited strong opposition from voters who view them as an affront to their Constitutional rights.

So far, only one – a bill that enhances the penalty for "straw purchases" – has reached the desk of Gov. John Carney, who is expected to sign it this week.

The fate of the remaining bills could come down to a few lawmakers in the Senate, where the Democrat's majority has been slipping since 2010 and is now down to a single seat.

The House holds a nine-vote advantage for Democrats, which helps explain why half the gun-control bills already have passed the lower chamber.

The party's ultra-slim advantage in the Senate is complicated by the issue and can put legislators in a tough position.

Take Sen. Bruce Ennis, a 79-year-old Smyrna Democrat from a solidly blue district filled with avid hunters and ardent gun rights supporters.

"I try to represent my constituents' wishes on all legislation, not just guns issues," Ennis said. "And the overwhelming majority of the emails and phone calls I've received on these bills tells me my voters oppose them very passionately."

Ennis' opposition to many of the gun-control proposals means Senate Democrats will need to nail down full support from the rest of their caucus. They also likely will need to find a sympathetic vote among Republicans.

That means the pressure is mounting on lawmakers from both sides of the aisle to cast votes that could risk alienating their party or enraging a sizeable portion of voters, even in districts considered party strongholds.

"This isn't a clear Democrat versus Republican issue in Delaware like it is on the national level," said Senate Majority Whip Nicole Poore, D-New Castle.

Poore represents an overwhelmingly blue district and supports most of the proposed gun reforms. But she has not made up her mind on the assault weapon ban.

"There are a lot of Democrats in my district who are hunters and there are plenty of Republicans who want nothing to do with guns," she said. "This is a very emotional issue and I, like many of my colleagues, am listening to my constituents on both sides of the issue."

Some Republican senators also are under pressure when it comes to gun control, particularly those who are from districts with large numbers of conservative Democrats. They are viewed as potential swing votes on gun control bills.

Republican Sens. Ernie Lopez, Greg Lavelle and Catherine Cloutier each represent so-called purple districts and have taken moderate positions on most social issues.

Each is dealing with the gun control debate differently.

Lopez, who is facing re-election in November, has touted his support for "sensible and prudent legislation" while opposing the proposed assault weapons ban and legislation that would raise the age to buy a rifle.

That position has garnered intense criticism from liberal factions of his district, which includes Milton, Lewes and Rehoboth Beach.

The Progressive Democrats of Sussex County recently took Lopez to task for attending and speaking at last month's March for Our Lives rally in Rehoboth Beach just days before penning a column explaining his opposition to the proposed assault weapons ban.

A national ban on assault weapons is one of five pillars in the March for Our Lives' mission statement.

"It appears to me as though Sen. Lopez is trying to be all things to all people," said Joanne Cabry, who heads the Sussex Progressives. "I find it very distressing that he would speak at an event so clearly in support of an assault weapons ban only to turn around and oppose it in the newspaper. It felt like a slap in the face."

Lopez said he was invited to attend the event and – at that time – had not made up his mind on the assault weapons bill. He also was quick to point out his support of other gun-control bills that he said have yet to be passed.

"Right now, it's a battle to see who can get the furthest to the left in the Democratic Party, and it's preventing us from reaching reasonable compromise, which has been a Delaware tradition," he said. "This conversation is too important to be driven by bus drivers with extremist views."

His stance is unlikely to become a factor in the upcoming election.

Former Sussex County administrator Dave Baker, Lopez's Democratic opponent, does not view gun control as a major part of his platform, which focuses on middle-class tax breaks, infrastructure and addressing Sussex County's shortage of doctors and overabundance of opioids.

"I am concerned about gun safety and would support a bill like the [former] federal ban on assault weapons," he said Thursday. "But there are strong opinions on both sides, no question about it."

Lavelle also is facing re-election in November.

The Senate Minority Whip whose district includes Talleyville and Greenville is being challenged from Democrat Laura Sturgeon, who has taken Lavelle to task over his votes in opposition to previous gun control measures.

She supports the proposed assault weapons ban and a recently introduced bill to ban the sale of high-capacity magazines.

Sturgeon also backs the creation of a state permit to purchase and own firearms, an idea that has been vehemently opposed by Second Amendment advocates who fear it could lead to confiscation. Such a permit is not part of any legislation introduced this year.

"Most of the polling I've seen on gun safety legislation shows a majority of people are in favor of bills like these and the people whose doors I knock on in our district tell me they want stricter gun control," Sturgeon said.

Lavelle has been less vocal than Lopez about his position on the bills currently pending in the General Assembly.

But he has co-sponsored and voted for the "straw" purchase bill and a proposed ban bump stocks and trigger cranks, devices that allow semi-automatic weapons to fire at a rate rivaling their fully automatic counterparts.

The bump-stock bill passed the House but was amended by the Senate last month to reduce the penalty for a first offense from a felony to a misdemeanor. It was then sent back to the House, where it was yet to come up for a vote.

"Everyone wants to make this a partisan issue, but that bill was overwhelmingly passed by the Senate in a bipartisan vote and now where is it," Lavelle asked. "This was an issue of national importance just a few weeks ago and now it's languishing in the House. They have the votes so what is taking them so long for them to act on it?"

Lavelle this week said he supports House Bill 302, legislation that would allow police to temporarily take guns from those who pose a danger to themselves and others.

He also is open to voting for raising the age restriction on rifle purchases if it includes a Republican-backed amendment that would allow an exception for anyone with a state hunting license. That bill stalled in the Senate last month after that and four other amendments were proposed.

But he's not ready to make a decision on the proposed assault weapons ban, which has yet to get a committee hearing.

"As legislators, we often get criticized for not listening and now we're getting criticized for not making a decision," he said. "I've received over a thousand emails and phone calls on that bill and I'm still listening to my constituents. But there's a lot of passion on both sides and at the end of the day someone is going to be disappointed."

Cloutier, who is not up for re-election this year, did not return messages seeking comment.

Tension over gun control and the Second Amendment is only expected to intensify in the coming weeks.

Groups on both sides are planning public events designed to keep their supporters energized and focused.

The Delaware Coalition Against Gun Violence was slated to hold a rally on Del. 1 near Rehoboth Beach Friday evening, days after a similar rally at the University of Delaware.

Gun rights proponents demonstrated on Legislative Mall in Dover on Saturday as part of Second Amendment rallies at state capitols throughout the country organized by The National Constitutional Coalition for Patriotic Americans.

Hundreds of people also are expected to attend a roundtable panel on gun violence at Middletown High School on Monday night in which Democrats and Republicans will debate the bills now pending in the General Assembly.

The Delaware Coalition Against Gun Violence says it is organizing multiple civic groups to reach out to state legislators through phone calls, emails and postcards. A petition launched this week in support of gun-control measures already has 500 signatures, according to Dennis Greenhouse, one of the group's leaders.

"We reach out to everyone in the Legislature, whether they say they are with us or against us," he said. "The national polls show most people support these bills and I think that when they come up for a vote, we'll get support from both sides of the aisle."

Groups such as Delaware Gun Rights – a social media organization with more than 20,000 members – say they also plan to continue lobbying state lawmakers. Their petition against the assault weapons ban has garnered 6,200 signatures in three weeks.

"We plan to keep fighting until we've stopped all this legislation that focuses on a non-existent problem around guns rather than the real issues causing criminal gun activity such as the heroin epidemic and gang violence," he said. "If you're doing that – what the public actually wants – you should have no fear of getting re-elected."

Contact reporter Scott Goss at (302) 324-2281, sgoss@delawareonline.com or on Twitter @ScottGossDel.