With school shootings regularly in the headlines and increased concerns about protecting the sanctity and security of our elections, the House passed two bills Thursday that would criminalize possession of a firearm in and around schools and polling locations.
Sponsored by House Speaker Pete Schwartzkopf, House Bill 201would make possession of a firearm in a safe school and recreation zone a felony. Law enforcement officers, constables and other select officials acting in their official capacity within the zone would be exempt.
Under current state law, a person could only be charged with violating the safe school and recreation zone prohibition if they first committed another offense, such as carrying a concealed deadly weapon. HB 201 would enable a law enforcement officer to act immediately and intercede when the officer sees or suspects a person possesses a firearm within the zone.
“I was shocked when I learned that under the current law, a person could put on a bullet-proof vest and open carry a firearm right up to the door of the school, and until they committed a crime, there is nothing a police officer could do legally to stop them,” said Rep. Schwartzkopf, D-Rehoboth Beach. “It just doesn’t make any sense to have a ‘safe school zone’ law that allows a gunman onto school property. HB 201 will fix that problem and allow law enforcement officers to take action and hopefully prevent a tragedy before it occurs.”
Under HB 201, those who have a carry conceal permit would be exempted, but only if the firearm remains in their vehicle in a locked container or locked firearms rack.
A safe school zone is defined as any building, structure, athletic field, sports stadium or real property operated by any elementary, middle, secondary or vo-tech school. HB 205 would exclude private property within that zone, or when a person is engaged in lawful hunting, firearms instruction or firearm-related sports on public lands.
The bill also would repeal an existing crime of possession of a weapon in a safe school and recreation zone.
“Deadly weapons have no place in our schools,” said Sen. Sarah McBride, the Senate prime sponsor of HB 201. “I want to thank Speaker Schwartzkopf for sponsoring legislation to make it absolutely clear that the only people carrying a firearm on school grounds in the State of Delaware should be those trained to keep us safe. I look forward to passing this bill in the Senate this month.”
According to the K-12 School Shootings Database, there have been 178 gun incidents on school grounds in the United States this year alone, more than one per day. This follows numerous other gun incidents at schools, including mass school shootings in Uvalde, Texas last year, and in Parkland, Fla. in 2018.
HB 201 passed the House 35-4.
Sponsored by Rep. Cyndie Romer, House Bill 202 would limit those who can legally possess a firearm at an active polling place to only law enforcement officers, or commissioned security guards, constables and active-duty members of the military and Delaware National Guard acting in their official capacity.
“Ensuring the safety and well-being of poll workers, election officials, and voters is of paramount importance,” said Rep. Romer, D-Newark South. “These individuals play a vital role in maintaining the integrity of the electoral process, and their protection is crucial for upholding democratic values. Poll workers and election officials work tirelessly to facilitate smooth elections, and they should feel secure while carrying out their responsibilities. HB 202 will protect our poll workers, voters and the sanctity of our elections.”
HB 202 would apply to any in-person election, including general, primary and special elections, local school elections, municipal elections, and locations designated for early voting.
“Unfortunately, we have seen a rise in voter intimidation tactics across the country in recent election cycles with armed ‘election integrity’ vigilantes camped outside of polling sites,” said President Pro Tempore Dave Sokola, the prime Senate sponsor of House Bill 202. “Bringing a gun to a polling place doesn’t increase election security. It threatens voters and significantly increases the chance of a deadly confrontation. I want to thank Rep. Romer for sponsoring this election safety bill and I look forward to passing this measure in the Senate.”
According to firearm safety advocacy group Everytown for Gun Safety, only six states have laws forbidding people to carry guns in polling places specifically, including Texas, Georgia, Louisiana and Florida.
HB 202 passed the House 36-4.
Both bills now head to the Senate for consideration.
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