Why Delaware lawmakers failed to vote on ‘permit to purchase’ in first weeks of session

• Despite promises by legislative leaders to get ‘permit to purchase’ passed in January, the bill never made it on the House agenda.
• House Democrats plan to bring the bill to a vote when lawmakers return to session in March.
• The bill is estimated to cost $2.6 million to implement in the first year, funding that has already been committed in Gov. John Carney’s Fiscal Year 2025 budget proposal.
• The legislation builds on recently passed gun safety reforms in 2022 and 2023.

Despite Delaware House leadership’s pledge to pass gun safety legislation upon lawmakers’ return to Dover in January, a bill to require training and a permit prior to purchase of a handgun hasn’t made it to a vote.

House Democrats in December announced the Appropriations Committee had approved the bill and House Speaker Valerie Longhurst in a Dec. 14 news release reiterated her commitment to getting the legislation passed when the full House reconvened in January. 

“For the past decade, we have passed some of the most comprehensive gun safety laws in the country, making Delaware a leader by strengthening our background checks, closing loopholes, banning assault-style firearms and large-capacity magazines, and instituting red flag laws,” Longhurst said in the December news release. “This bill is the next piece of the puzzle to keeping our communities safe and I’m looking forward to bringing permit to purchase to the House floor as soon as we return to session in January.” 

But the bill never made it on the House agenda, and now the General Assembly breaks for the next few weeks while legislative leaders host budget discussions in the Joint Finance Committee.

Typically, the first weeks of the legislative session include at least one major bill’s passage – and political insiders had anticipated the “permit to purchase” bill would be that major piece. 

The bill would require people to undergo a gun safety training course and apply for a permit to qualify for purchase. It would also create a voucher program for low-income residents to cover the costs of the training course. 

It comes with a $7.8 million annual price tag, according to the fiscal note on the proposal, which necessitated the bill going through the House Appropriations Committee prior to passage on the floor. 

Delawareans debate if residents need to receive training before buying a handgun

Attorney General Kathy Jennings urged lawmakers to get the bill passed as soon as possible.

“Permit to purchase is the most proven gun safety policy in the nation. States with permit to purchase have 25% lower gun homicide rates and 50% lower gun suicide rates than those without, and reduce gun trafficking by as much as 75%,” Jennings said. “We have commitments from Senate and House leadership to pass this legislation – and, as of this week, the legislation is funded in the governor’s recommended budget. This bill will save lives. We have to get it done.”

When will vote on ‘permit to purchase’ take place?

House Democratic spokesperson Jenevieve Worley said legislative leaders plan to run the bill in March when lawmakers return for session. 

She said recent inclement weather and uncertainty around Gov. John Carney’s rescheduling of the State of the State address forced the House to remain flexible and keep schedules open. 

Worley stressed the bill is something that will draw a lot of attention, and legislators will want to take their time to get the legislation done right. 

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Carney’s Fiscal Year 2025 budget proposal also includes nearly $3 million, which covers the estimated $2.7 million costs for implementing “permit to purchase” in the first year. 

Those annual costs increase to $7.8 million by the second year and continue annually thereafter, according to the fiscal note. 

State leaders publicly support bill’s passage

Senate Democrats lauded their efforts on gun safety reforms at the end of last year’s legislative session, underscoring lawmakers commitment to passing “permit to purchase” at the beginning of session in 2024.

In recent years, Delaware lawmakers have passed some gun reform bills, including raising the age for purchase of guns to 21, banning the sale of assault weapons, strengthening background checks and limiting high-capacity magazines, among others.

Senate lawmakers in June emphasized their commitment to gun safety reform at the end of the first year of the 152nd General Assembly, after a law that makes possession of a firearm in a safe school and recreation zone a felony. 

Under previous state law, a person could only be charged with violating the safe school and recreation zone firearm prohibition once they commit an offense. 

2022 GUN SAFETY: Delaware General Assembly passes more pieces of gun reform legislation

The legislation empowers law enforcement to act immediately when they see or suspect a person is carrying a firearm in a safe school zone, which includes any building, athletic field, sports stadium or real property owned by a K-12 public school, according to the bill.

Another bill approved by the General Assembly last year bars all firearms at active polling places unless carried by a law enforcement officer, security guard, constable or active-duty members of the military acting in their official capacity. 

And a House bill that imposes criminal charges on gun owners who leave firearms unattended and unsecured in their cars, was approved by the Senate, but was amended and sent back to the House for final consideration. It was not added to the House agenda in January.

Got a tip? Contact Amanda Fries at afries@delawareonline.com, or call or text her at 302-598-5507. Follow her on X at @mandy_fries.