Assault weapons ban to fail in committee after losing key vote

Sen. Greg Lavelle, a northern Delaware Republican and key swing vote on a bill that would prohibit the sale of an array of semi-automatic rifles, said on Wednesday that he will not allow the legislation out of committee.

It is a decision that means the bill likely will not be addressed by the full Senate, unless the body votes to suspend legislative rules.

"Unlike many on the other side of the aisle, I consider the Constitution the first hurdle any piece of legislation must get over, and this bill clearly fails that test," said Lavelle, R-Sharpley. "There are firearms listed in this legislation that are used for the defense of home, for hunting and for recreation. All of those uses are constitutionally guaranteed."

Lavelle's vote reflects a national divide over gun control measures that has widened since a February mass-shooting that killed 17 people at a Parkland, Florida high school.

Supporters say removing semi-automatic rifles from retail shelves will result in a safer society, while opponents argue such a move would violate the U.S. Constitution.

Senate Bill 163, introduced in March by Sen. Bryan Townsend, D-Newark, would block the sale, transfer or import of about 60 specific makes and models of firearms, including the AR-15 rifle, which was used in the Florida shooting.

It also bans the sale of so-called "copycat weapons" defined by features such as folding stocks, flash suppressors and grenade launchers.

While the bill would allow current owners of those guns to keep them, they would have to demonstrate to state police that the firearms were purchased prior to the enactment of the law, a feature over which Lavelle expressed concern.

In addition to Lavelle, the five-member Senate Judiciary Committee includes Sens. David Lawson, R-Marydel, and Bruce Ennis, D-Smyrna, two of the most ardent gun-rights supporters in the Legislature.

Sens. Margaret Rose Henry, D-Wilmington, and Robert Marshall, D-Wilmington were the two supporters of Townsend's bill on the committee.

After months of sitting idle, the legislation was addressed by the lawmakers on Wednesday.

The hearing was held in the Senate chambers so that the roughly-150 members of the public who attended could be seated. The chambers' gallery was completely filled, mostly with opponents of the legislation.

Townsend was first to testify at the hearing, making clear that the intent of the bill is to reduce mass shootings. He said while the 2nd Amendment has "undeniable" roots in the country, the U.S. Supreme Court also has said it has limits.

"The status quo on gun safety is not working," he said. "It's a nationwide problem."

The bill was modeled on a similar assault weapons ban that former Maryland Gov. Martin O'Malley signed into law in 2013 following the Newtown, Connecticut, school massacre.

Maryland's ban was upheld by the Fourth Circuit Court of Appeals last year and the U.S. Supreme Court refused to hear an appeal from the NRA and gun owners in November.

Six other states, including New Jersey and New York, as well as Washington, D.C., have passed various forms of an assault weapons ban.

At Wednesday's hearing, Francis Pileggi, a Wilmington attorney speaking on behalf of the Delaware State Sportsmen's Association, said the appeals court ruling shouldn't be considered for this debate because the Fourth Circuit does not oversee Delaware.

Delaware is under the authority of the Third Circuit.

The committee hearing also featured several other 2-minute-long testimonies from a smattering of residents in support and in opposition of the bill.

Newark resident Eleanor Mazzio said the bill "is taking the first step to save lives."

"It's kids lives. It's your sisters and brothers lives we're talking about," she said.

Former Dover Police Chief James E. Hosfelt, Jr. testified in opposition, stating he is aware of "only two homicides in Delaware where one of those firearms was used."

"And in both instances, they were justifiable homicides by law enforcement," he said.

Following the hearing, Gov. John Carney released a statement in which he said, "I am extremely disappointed that the full Delaware Senate will not get a chance to vote on Senate Bill 163."

"As we’ve seen in mass shootings across our country, these weapons can be used to cause catastrophic damage, and allow those intent on doing harm to outgun members of law enforcement," Carney said.

Earlier in the day and prior to the hearing, pro-gun demonstrators held a rally outside of Legislative Hall.

In a visible show of political might, participants spoke of a primacy of the U.S. Constitution and a need to campaign against lawmakers who vote for gun-control bills.

Their motto, according to organizer, Mitchell Denham, is "Not one inch."

"If you don't like what the legislators are doing for you, it's your right to vote them out," said Denham, president of Delaware Gun Rights. "You're required to."

His group will decide in July after the end of the Legislative Session which legisator to support.

"I want everybody here to at least attempt to say 'Hi' to their legislator," he said. "Let them know we support them if they're with us, or let them know that in November that if they don't support us, they're going to go home."

Denham said Delaware Gun Rights has 24,000 members in the state.

Asked where a line should be drawn for allowable weapons, Denham said, "There's a reason why there's a National Firearms Act. There's a law prohibiting certain explosives, fully automatic firearms, silencers, short-barrel shotguns, short-barrel rifles."

"For me personally, I'm fine with the lines where the NFA falls," he said. "Because we've lived with it for so long."

Contact Karl Baker at kbaker@delawareonline.com or (302) 324-2329. Follow him on Twitter @kbaker6.