DELAWARE - Republicans have announced that State Representative Danny Short (R-Seaford) will be filing a constitutional amendment for Delaware that would make it possible for any accused felon carrying a gun at the time of the crime to have their bail denied.
Officials say that currently, being held without bail is only reserved for accused murderers with significant proof or presumption, but this would expand that provision to cover possession of a firearm during the commission of a felony.
“Anyone who chooses to carry a firearm while committing major criminal acts is demonstrating a calculated willingness to use violence against others,” Rep. Short said. “Unlike many of the firearms-related bills introduced in the General Assembly in recent years, this proposal targets the individuals who are actually perpetrating gun crimes.”
According to officials, a Delaware analysis in 2020 showed that of the 158 people suspected in being involved with a shooting, 77% had at least one arrest for a violent felony beforehand, with 57% having at least three.
“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,” said State Senate Republican Whip Brian Pettyjohn (R-Georgetown), the Senate prime sponsor of the legislation.
Pettyjohn says that allowing these suspected felons 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.
"My city has been constantly, for the past decade, ranked in the highest level per capita for murders and shootings," said Wilmington Democrat State Rep. Nnamdi Chukwuocha in June 2021. "I see my [police] officers going out every day trying to do their work. We say there is a divide between our officers and the community. The divide begins when individuals from our community see individuals with firearms being arrested. Those same individuals come right back on the street. That creates a sense of 'why should I say anything?' It's fear that this individual is going to get right back out. So now we do not have individuals to step forward to be witnesses. We don't have individuals to step forward to give statements to provide information to solve crimes."
Short says he is hoping to find broad bipartisan support for his bill. “I would expect lawmakers that supported any of the recent gun control measures on the supposition of reducing violence to support this proposal. To vote for the former, without doing the same for the latter, would lack any credibility.”
Because this proposal is a constitutional amendment, it will require a minimum two-thirds majority in each legislative chamber in two consecutive General Assemblies, but it would not require the signature of the governor.
Short says that he does not expect the bill to get consideration this year, as there are not many days left in the 2023 session. He says it was introduced now o lawmakers could review it, discuss it with their communities impacted by gun violence, and take it up soon after the General Assembly reconvenes in January.