Parents Can Be Prosecuted in Delaware Now for Not Safely Storing Guns
Parents have to safely store guns away from minors or risk being arrested, according to a new law signed by Delaware Gov. John Carney on Thursday.
The new law expands on the current Delaware code that makes it illegal to provide minors access to guns.
Now, charges have been added for cases when gun owners intentionally or recklessly leave loaded firearms within reach of children or adults prohibited from owning guns, WHYY reported.
“This is an important piece of legislation to sign to add to the package last year, the red-flag legislation that was really important to keep firearms away from people with serious mental health issues or showing potentially violent behavior,” Governor John Carney said.
House lawmakers have approved a bill requiring Delaware gun owners to safely store firearms so people who shouldn’t have them don’t get them. https://t.co/kbsMolDeFT
— Delaware Online (@delawareonline) June 5, 2019
Lawmakers amended the final bill to shift the burden of proof from the gun owner to the state, forcing prosecutors to prove someone failed to store their gun properly to get a conviction.
The new law makes unsafe storage a misdemeanor, and a gun owner could face a high misdemeanor if the unsafely stored firearm is used in the commission of a crime, according to Delaware Online.
Democratic Rep. Sean Lynn, one of the bill’s sponsors, said he didn’t agree with an amendment that tries to “prove a negative,” but knew it was needed to pass the legislation.
The bill, which was introduced along with several other gun control measures, has been the only measure to get assembly approval and the governor’s signature.
The other bills included a ban on assault weapons, gun magazine restrictions and a permit training requirement.
“I had hoped to sign more of a package and, of course, the session’s not over, we have another month to go and have a couple pieces of legislation we’re still working on, it is a little late for sure, but this is just the first session of this General Assembly,” Carney said.
“We do have tragic loss, but also gun-ownership rights, and I think we did a good job with balancing those issues because it does start with safe-gun ownership,” Secretary of Delaware’s Department of Safety and Homeland Security Robert Coupe said, referring to the recent Virginia Beach shooting tragedy.
“With a month left in session, I’m not sure what the legislators are willing or able to do, but I do know we will be holding our legislators accountable and ensuring they remember they made promises and those promises need to be kept,” he continued.
“The folks who are going to own a weapon have to do it responsibly,” he said.
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