On 2/3/2010 HB 258 with HA 1 was signed by the Governor.
Rep. Atkins & Sen. Ennis
Reps. Carson, Gilligan, Mulrooney, Schwartzkopf, Walls
HOUSE OF REPRESENTATIVES
145th GENERAL ASSEMBLY
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO LICENSES TO CARRY CONCEALED DEADLY WEAPONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):
Section 1. Amend §1441(a)(4), Title 11 of the Delaware Code by substituting the figure “$65.00” in lieu of the figure “$34.50” that appears therein.
Section 2. Amend §1441(a)(5), Title 11 of the Delaware Code by substituting the number “3” in lieu of the number “2” that appears in the first sentence thereof; by substituting the number “5” in lieu of the number “3” that appears on two occasions in the second sentence thereof; and by substituting the number “$65.00” in lieu of the number “$34.50” that appears in the second sentence thereof.
Section 3. Amend §1441(h), Title 11 of the Delaware Code by substituting the figure “$65.00” in lieu of the figure “$34.50” that appears in paragraphs (5) and (6) of the subsection.
This Act increases, from $34.50 to $65.00, the filing fee assessed by the Superior Court in connection with an application for a license to carry a concealed deadly weapon. The Act also extends the term of validity for new licenses from 2 to 3 years and the term of validity for renewal licenses from 3 to 5 years. Increasing the fees for licenses, as well as the period for which such licenses are valid, will enhance efficiency and preserve resources by reducing the frequency with which the Superior Court and Attorney General’s Office must allocate resources to administer the program.
On Sunday, November 1, FOP Lodge 5 sponsored a fundraiser for Aubry Spicer. The fundraiser was an all day affair at the Hockessin PAL. Everyone enjoyed watching the Eagles beat the Giants and the Vikings beat the Packers on a full movie screen television. The PAL center had a sold out crowd. Big D’s Pizza, Hooters Restaurant, Moe’s Southwest Grill and Cannons Bakery provided food the entire day. No one went home hungry. There was a silent auction and Chinese auction. The gifts provided by donations were unbelievable. At the end of the evening a 50/50 was held with the winner receiving over $300. A 52-inch TV was given as a door prize. After the event a substantial donation was given to the Aubry Spicer Trust Fund.
Rob Schlecker of FOP Lodge 5 coordinated the event and did an outstanding job. FOP members from all over the state gave a hand to make the event a huge success.
Since the untimely death of Patrolman Chad Spicer almost every FOP Lodge and the Delaware State Troopers Association have done fundraisers to suport the Aubry Spicer Trust Fund. All law enforcement officers of the State of Delaware remember their own and will always support their families.
Questions about HB 218
At the spring meeting the status of qualification for HB 218 was explained in detail. For any one who missed the meeting here is a summary.
During the spring,Bob Jameson and Buddy Williamson attended a meeting with NCCPD Human Resources about issues concerning HB 218. One issue NCCPD had was that the DSP and WPD were requiring a background check by SBI. The cost of the background was $60 per person. Bob stated that the Attorney General’s office didn't require a background check by SBI, just a Department background check. Bob got documentation from the AG’s office to support that. NCCPD will be requiring retirees to get a CCDW permit from the state before firing for qualification under HB 218.
Anyone needing a letter of proof of retirement in good standing, contact the Chief's secretary, Betty. One retiree submitted his paperwork for his CCDW license and had the license within four weeks.
Federal Law Supersedes State and Local Law in Regards to HB 218
SPRINGFIELD, Va., Nov 18, 2008 /PRNewswire-USNewswire via COMTEX/ -- Good Guys Can Fight Back - Criminals Beware!
| ASSOCIATION OF RETIRED DELAWARE STATE POLICE
P.O. Box 168
Cheswold, DE 19936 - 0168
302-736-9958 Fax: 302-736-9815
A ruling on a case from South Dakota -- where off-duty law enforcement officers were criminally charged for carrying guns despite the authority to
do so under the federal 'Law Enforcement Officer's Safety Act of 2004' (LEOSA) -- has confirmed that all qualified off-duty and retired law
enforcement are allowed, by federal law, to carry a concealed gun for personal self-defense irrespective of state law. The federal law supersedes
the crazy, confusing and often conflicted state and local laws that limit legitimate self-defense.
LEAA's Executive Director, Jim Fotis said, "When LEAA co-authored the original draft of what became affectionately known as 'National Cop Carry'
back in the early 1990's, I knew it would save cops' lives and give those who choose to resist violent criminals a fighting chance. In 2004 I shook
President Bush's hand after he signed our bill into law and rejoiced that our fight -- for more than a decade -- was finally over!"
The local prosecutor's apparent effort to challenge the federal law, and send a message to all in law enforcement not to carry a gun for self-defense
in South Dakota, was soundly rejected! Thankfully, after careful review, the gun charges against the officers were dismissed. "The Judge's crystal clear and unambiguous legal opinion should be required reading for every prosecutor in the nation so that no other law enforcement professionals,
active or retired, have to endure what those officers and agents have endured in South Dakota," declared Carl Rowan, LEAA's Vice President.
Robert Van Norman and Kenneth Orrock, Attorneys for the officers, said "We are pleased with the court's decision, as it reaffirms the intent of the Law Enforcement Officers Safety Act and in effect will protect law enforcement officers and our communities. The law enforcement community should find comfort that LEOSA has been properly applied in this case."
A copy of the Judge's memorandum decision -- and extensive background information on LEOSA -- is available at the LEAA website: http://www.leaa.org/ The Law Enforcement Alliance of America, Inc., (LEAA) is the nation's largest not for profit, non-partisan coalition of law enforcement
professionals, crime victims, and concerned citizens dedicated to making America safer.
SOURCE Law Enforcement Alliance of America
The Grand Lodge FOP received a letter from the Assistant Director ATF,
see the story and letter here: <
Letter from W. Larry Ford, Assistant Director at ATF, on the Sturgis, SD
Following the appearance of this article (http://www.rapidcityjournal.com/articles/2008/08/29/news/local/doc48b784e086e0d898298826.txt)
in the Rapid City Journal, the FOP contacted the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF) for an explanation of the
W. Larry Ford, Assistant Director of ATF for the Office of Public and
Government Affairs, recently sent the letter below to Executive Director
Pasco to apologize and to correct the record on the matter. Director
Ford sent a similar letter to the Rapid City Journal.
Letter is attached.
Federal firearms act cannot be used in case
By Journal staff Friday, August 29, 2008
The Meade county grand jury that indicted a Seattle police officer for
bringing a gun into a Sturgis bar in the early morning hours of Aug. 9
could not have used the federal Law Enforcement Officers Safety Act of
2004 to exonerate him, a spokeswoman for the Bureau of Alcohol, Tobacco,
Firearms and Explosives said Thursday.
Congress passed that law in the wake of the terrorist attacks of Sept.
11, 2001, to exempt qualified law enforcement officers from state laws
that prohibit the carrying of a concealed weapon. But because the
legislation was never implemented by its rule-making agency – the U.S.
Attorney General’s office -- the Meade County grand jury could not have
used it in any case to defend the actions of Seattle policeman Ronald
Smith, according to Carrie DiPirro, public information officer in the
Denver office of the Bureau of Alcohol, Tobacco, Firearms and
Explosives. Nowhere in America would that act have been considered by a
grand jury, DiPirro said.
“The act was passed, but it’s never been enforced by the Attorney
General’s office,” she said. Congress directed the U.S. Attorney
General’s office to meet the conditions for its implementation – such as
establishing the necessary databases and identifications -- something
which DiPirro said apparently has never been done.
The Law Enforcement Officers Safety Act amended the federal criminal
code to authorize qualified law enforcement officers (including certain
qualified retired officers) carrying the photographic identification
issued by their governmental agency, notwithstanding state or local
laws, to carry a concealed firearm. That authorization is not intended
to supersede state laws that permit private entities to prohibit the
possession of concealed firearms on their property, or prohibit the
possession of firearms on state or local government property. The law
also would not cover any officer under the influence of alcohol and it
excludes from the definition of “firearm” any machine gun, firearm
silencer, or destructive device.
Smith and four other men were charged on two alternative concealed
weapon permit violations. According to the South Dakota Secretary of
State’s Web site, Washington and South Dakota do not have reciprocity of
concealed weapons permits, but Attorney General Larry Long said Thursday
he could not immediately confirm that.
“We’re not sure if Washington is or not,” Long said.
The grand jury issued alternative concealed weapon permit indictments
for Smith and the others. The men could be convicted of carrying a
concealed pistol without permit or failing to abide by a permit of a
reciprocal state, but not both counts, Long said.