Delaware GOP plan would deny bail for gun-toting felons

(The Center Square) — Delaware Republicans are pushing for a constitutional amendment that would deny bail for criminal suspects who use firearms while committing a felony.

The proposal, which is expected to be introduced in next year’s legislative session, calls for amending the state’s Constitution to deny bail to suspects charged with possession of a firearm during the commission of a felony.

The bill’s sponsor, Rep. Danny Short, R-Seaford, said unlike many other firearms-related bills introduced in the General Assembly in recent years, the proposed amendment “targets the individuals who are actually perpetrating gun crimes.”

“Anyone who chooses to carry a firearm while committing major criminal acts is demonstrating a calculated willingness to use violence against others,” Short said in a statement.

Backers of the plan cite law enforcement data showing that of the 158 people suspected of being involved with a shooting in 2020, at least 77% had at least one prior arrest for a violent felony, and 57% had at least three previous arrests.

They point out Delaware state law already allows bail to be denied for certain capital offenses, such as first-degree murder.

Senate Republican Whip Brian Pettyjohn, R-Georgetown, the Senate’s main sponsor, said allowing people arrested for felony gun offenses to be released “undermines public faith in the criminal justice system, creates a climate of fear and intimidation and facilitates the possibility of additional crimes being committed in the community.”

“We have all seen reports from our local police agencies that they arrest someone that has used a gun in the commission of a felony, and they are [soon] released on bail,” he said.

Once it’s filed, the measure likely faces a long slog through the Democratic-controlled Legislature. The bill must pass with a two-thirds majority by the House and Senate meeting in two consecutive two-year legislative sessions as a constitutional amendment. It would not require the governor’s signature.

Delaware already has some of the nation’s strictest gun control laws, and Democrats who control the House and Senate are looking to tighten those restrictions.

Last year, Gov. John Carney signed a gun control bill that banned selling so-called ‘assault’ weapons, increasing the age to purchase firearms from 18 to 21, strengthening background checks and limits on large-capacity magazines. That law is being challenged in court by Second Amendment groups.

Democrats also pushed through a bill during the recent session to tighten gun control laws by prohibiting firearms in churches, polling stations, in other “safe” locations.

Short is urging Democrats to support the proposed amendment, citing their backing of a previously approved bill that set tougher bail requirements for “violent” felons.

“I would expect lawmakers that supported any of the recent gun control measures on the supposition of reducing violence to support this proposal,” he said. “To vote for the former, without doing the same for the latter, would lack any credibility.”