Bill would preserve gun rights in emergencies

Like any government, New Castle County Council deals with its share of power brokers and political activists.

But with the kind of business it typically handles, it hasn't had many dealings with the gun lobby -- what many observers believe to be the nation's most powerful lobby.

That has the potential to change over the next few weeks, however, thanks to a piece of legislation sponsored by Councilman William Tansey (R-Greenville) that seeks to make it abundantly clear that citizens' Second Amendment right to bear arms are to be honored -- even if something catastrophic happens that calls for a state of emergency.

Tansey is not a gun owner himself, but says he was approached by Brandt Farley, a constituent active in the National Rifle Association who pointed out what he believes are shortcomings in the county code.

Farley, who also owns First State Firearms, said language that gives the county executive the right to place "limitations upon the carrying or stockpiling of firearms, weapons or ammunition" is out of step with state and federal statutes.

"Delaware state law prevents other municipalities from passing patchwork gun laws," Farley said.

"The concern is that what happened during [Hurricane] Katrina in New Orleans, where Louisiana passed a law that prohibited the accumulation of guns, doesn't happen here," Tansey said.

In the aftermath of the deadly storm, the City of New Orleans confiscated more than 500 legally-owned guns in what officials said was an effort to maintain order in the decimated city. The move sparked outrage among gun owners, an NRA law suit and prompted several states -- including Delaware -- to outlaw such seizures going forward.

According to Dave Carpenter Jr., who heads the county's Office of Emergency Management, state law does clearly prohibit such a move. And while he acknowledged his office was working to update language in the county code to more accurately reflect the state's, he had some concerns about Tansey's proposal.

"My fear is this might open the door for people to think they have a little more freedom during those times than at other times," he said.

Carpenter said his agency would never go door-to-door and ask people to turn in their guns -- they'd be stopped by county attorneys even if they tried -- but said law enforcement officials do have a responsibility to make sure people aren't stockpiling.

"There's nothing that restricts you from keeping your current assets, but I think there would be an effort to try to prevent people from accumulating weapons or building up an arsenal," he said.

E-mails to the National Rifle Association and calls to local gun clubs, including the Brandywine Hundred Shooting Club and Delaware Rifle and Pistol Club, were not returned.