City, county power to limit guns in buildings approved

Legislation giving county and municipal officials authority to bar openly armed citizens from their buildings cleared the Senate early Wednesday, with both measures now moving to Gov. Markell for consideration.

The legislation, introduced in the House June 23 by Rep. Larry Mitchell, D-Elsmere, would also give county and local governments freedom to regulate possession of ammunition, explosives and firearm components.

Mitchell chairs the House Public Safety & Homeland Security Committee. House members suspended regular rules to allow the two measures to be approved and sent to the Senate on the same day they were introduced

Those supporting “open-carry” firearms policies have pointed out in the past that Delaware law prohibits counties from enacting laws or regulations “ prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms.”

Early last year, some firearm owners began taking their weapons to Newark City Council meetings to drive the point home.

“It hasn’t really been a disruption or anything like that, but certainly some of our citizens have exercised their right” to carry weapons, said Ricky Nietubicz, Newark’s community affairs officer.

Although meetings were concluded without incident, “during one of the public comment periods there was a brief back and forth, for lack of a better term, but it really hasn’t been an issue at the forefront of discussions,” Nietubicz said.

The Newark City Council was aware and had received briefings on the legislation, but had not taken a position on it, he said.

Some municipalities do prohibit citizen-carried firearms from their buildings, including Wilmington. The legislation approved by the Senate on Wednesday making the authority clear and provides for penalties and exceptions for law enforcement officials and those properly licensed to be armed.

The measures cleared the House with 22 yes and 14 no votes, with five absent. The Senate approved the same bills 15-6.

Contact Jeff Montgomery at (302) 463-3344 or jmontgomery@delawareonline.com