Delaware Senate Bill SB85

Delaware 2023-2024 Regular Session

• Introduced: 4/19/23
• Refer: 4/19/23

Caption

An Act To Amend Title 9, Title 10, Title 11, Title 22, And Title 24 Of The Delaware Code Relating To Carrying A Concealed Deadly Weapon.

Impact

The implementation of SB85 is expected to have significant implications on public safety and personal rights regarding self-defense in Delaware. By allowing individuals aged 21 and older to carry concealed firearms without the previous licensing requirements, proponents argue that it empowers citizens to protect themselves effectively. It also brings Delaware's laws in line with the growing trend of concealed carry in other states, where the number of individuals permitted to carry firearms has dramatically increased over the past few decades. However, critics fear that such deregulation could lead to an increase in firearms-related incidents, as the previous checks and licensing requirements are essential for public safety.

Summary

Senate Bill 85 seeks to amend various titles of the Delaware Code to align the state's concealed carry laws with constitutional guidelines following the Supreme Court's decision in New York State Rifle and Pistol Association v. Bruen. This legislation aims to remove current redundancies and legal vulnerabilities in Delaware's gun laws that have been identified as potentially unconstitutional, thereby protecting the state's ability to regulate concealed weapons while respecting the rights guaranteed under the Delaware Constitution. The bill simplifies the process for law-abiding residents to carry concealed deadly weapons for self-defense and the protection of others, provided they are of legal age and not prohibited from doing so under state or federal law.

Sentiment

The sentiment surrounding SB85 appears to be polarized. Supporters, primarily from conservative backgrounds, view the bill as a necessary enhancement of personal freedom and self-defense rights. They argue that it affirms citizens' rights to bear arms as a fundamental principle. Conversely, opponents, including some public safety advocates and certain political factions, express concerns regarding public safety and the potential for increased gun violence. They suggest that the removal of thorough vetting processes could lead to disaster, questioning whether this measure appropriately balances individual rights with community safety.

Contention

Key points of contention include the balance between individual rights and public safety. While it is unequivocally acknowledged that the right to bear arms is constitutionally protected, there are disagreements about the efficacy and necessity of background checks, licensing, and other regulations that are designed to prevent firearms from falling into the wrong hands. Additionally, the shift from a licensing structure to a more permissive conceal-carry policy has raised alarms about whether it undermines local government authority to regulate firearms in light of specific community needs.