Committee Releases Bill Clarifying Agencies Are Exempt From Permit-to-Purchase for Official Firearm Buys

At a meeting of the House Public Safety and Homeland Security Committee, members voted to release a bill that would clarify law-enforcement agencies purchasing firearms for use by officers in their official duties are exempt from the state’s permit-to-purchase requirements.

The bill, described to the committee by the chair as amending provisions in Title 11 that reference permit-to-purchase rules, is intended to make explicit that agency purchases for official use are exempt from the permitting process. "This act clarifies the law enforcement agency practice of purchasing firearms for the agency's law enforcement officers for use by the officers in their official duties is exempt from requirements under 144 8A and 144 8B and 144 8D of the title of title 11 and under our state's permit to purchase firearm laws," the chair said.

Tracy Murphy, executive director of the Coalition for a Safer Delaware, testified in support, saying, "This bill makes necessary corrections to that process so as to not impede law enforcement in their official duties," and that the change would avoid creating unintended barriers for those responsible for public safety.

Sergeant Mike Ripple of the Delaware State Police told the committee, "The sole intent of this law is to allow an agency to purchase weapons for its officers to be used in their official capacity. So it's really just as we're outfitting recruits coming through the academy or if we have to replace guns." He added the measure is not intended to affect officers’ private, off-duty purchases.

Karen Wilson, legislative attorney with the Division of Legislative Services, told members that a qualified retired law-enforcement exemption already appears elsewhere in statute and that the bill does not change that existing retired-officer exemption. Staff offered to circulate the relevant code excerpts to remove ambiguity about terms used in the bill.

The committee approved a motion to release the bill from committee by roll-call vote. The motion was moved by Representative Romer and seconded by Representative Vandaway; the clerk recorded affirmative votes and the motion carried. If the measure receives enough signatures after the committee process it will be reported out on the legislative website and announced on the House floor.