Assault weapons ban dies in Delaware Senate after months of fighting

An effort to revive a proposed ban on the sale of assault weapons failed in the Delaware Senate on Tuesday, effectively defeating the most controversial gun control measure pending before the Legislature.

Two Democrats sided with Republicans in opposing the maneuver, including Sen. Brian Bushweller of Dover and Sen. Bruce Ennis of Smyrna. That left Democrats two votes short of the 11 needed to bring the measure to the floor.

"It's very unfortunate that we didn't have the votes to even have a debate on the issue," said the bill's chief sponsor Sen. Bryan Townsend, D-Newark. "I'm a little surprised not to have the vote of all my Democratic colleagues, except for Sen. Ennis."

His last comment was clearly directed at Bushweller, who sits next to Townsend. Bushweller, who announced in August that he would not seek re-election to a fourth term, said he was pleased with the outcome.

"The process that we have followed so far that caused the bill to lose in committee was consistent with my view on the bill," Bushweller said. "I didn't see a point in continuing a process that already resulted in what I think is the right thing to do with the bill."

Tuesday's vote marked the second defeat for Senate Bill 163 this month and a major loss for gun control advocates who pushed for reform in the wake of recent high-profile mass shootings. That includes Gov. John Carney, who had both called for the legislation to be introduced and urged for it to get a vote on the Senate floor.

"The Governor has been very clear and consistent that this is an issue of significant public interest, and that it deserved a full debate and vote," Carney spokesman Jon Starkey said.

Instead, a five-member committee that also included Ennis refused to release the bill to the full Senate earlier this month. That prompted Senate President David McBride, D-Hawk's Nest, to request a suspension of the rules on Tuesday that would have allowed the bill to get an up-or-down vote on the floor.

"I firmly believe the Senate should have had an opportunity to debate the legislation," McBride said. "That said, we live and die by votes and I will accept defeat on this one. Now we move on."

While McBride's push to force a floor vote on the bill was unsuccessful, the effort did give Democrats a proxy vote they can use to attack the four Republican senators seeking re-election this fall, including Senate Minority Whip Greg Lavelle, R-Sharpley.

Second Amendment advocates — many of whom filled the Senate chamber for Tuesday's vote — also have vowed to use Tuesday's vote as a lever to unseat Democrats.

"I think we had a big coup here in Delaware with this," said Mitch Denham, a Lincoln resident who helped create the Facebook group Delaware Gun Rights. "I believe we got a lot of Delawareans involved that were asleep before and created a civics lesson for half the state."

The proposed assault weapon ban was one of at least eight gun control measures introduced in the General Assembly following high-profile mass shootings in Las Vegas and Florida, but easily drew the most opposition.

SB163 sought to block the sale, transfer or import of about 60 specific makes and models of semi-automatic firearms along with so-called "copycat weapons" with features such as folding stocks, flash suppressors and grenade launchers.

Anyone who currently owns one of those weapons would have been allowed to keep their guns, although their ability to use and transport those grandfathered firearms would have been strictly limited. Police officers and military personnel would be exempt from the ban, while owners of the weapons would be able to pass their firearms along to their family members.

A panel of federal circuit court judges last year upheld a similar ban in Maryland signed into law in 2013.

Yet Republicans and gun rights advocates say the measure would have infringed on the Second Amendment and violated the Delaware Constitution, which specifically guarantees the right to own firearms for defense, hunting and recreation.

They argued the measure would have done little to reduce gun-related crime. Some also raised concerns about how someone could prove they legally purchased one of the prohibited firearms before the proposed ban took effect.

Supporters, meanwhile, said the ban would have improved public safety by limiting public access to weapons they say are commonly used in mass shootings. They also pointed to a recent poll that suggests about 73 percent of likely voters in Delaware support a ban on the sale of assault weapons.

Groups on both sides of the debate held numerous rallies in Dover and elsewhere in the weeks leading up to Tuesday's vote.

But public outcry for the ban appeared to wane in recent weeks while Second Amendment advocates maintained a near-constant presence at Legislative Hall.

That pressure also has helped to delay votes on other gun control measures still pending before the General Assembly, including bills that would increase the age at which someone can purchase a rifle, bar the sale of magazines capable of holding more than 10 rounds and enhance the penalties for unsafely storing firearms.

Three gun-related measures signed by Carney this year all were passed with support — or at least without strong objection — from supporters of gun rights.

They include a ban on bump stocks and other devices that allow semi-automatic weapons to fire at a faster rate, a "red flag" bill that allows police to temporarily seize guns from a person deemed a threat by a mental health professional and increased penalties for "straw purchases."

The Senate on Tuesday unanimously passed another bill that would allow the Justice of the Peace Court to issue protective orders granting police the ability to temporarily seize weapons from someone perceived as a threat by a family member or law enforcement.

That measure — backed by both the Delaware State Sportsmen's Association and the Delaware Coalition Against Gun Violence — passed the House unanimously on June 7.

The legislation, sponsored by Rep. David Bentz, D-Christiana, now heads to Gov. Carney for his signature.

Guns in Delaware:

Hundreds turn out for Delaware gun rights rally

Biden gun bill lets police take away guns from those deemed a 'danger'

Shooting an 'assault weapon' helped me understand the Delaware gun debate

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