Proposed Delaware Firearm Legislation
2013-2014 Session2015-2016 Session2017-2018 Session2019-2020 Session2021-2022 Session2023-2024 Session
Filter: Click on bill number for details. jump to upper chamber
note: Delaware carries over legislation from odd-numbered years to even numbered years without exception
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Safe Storage Of Firearms.
Description: This Act revises the crime of "unlawfully permitting a child access to a firearm," an existing class A misdemeanor under Delaware law. The offense is renamed "unsafe storage of a firearm" to place emphasis on firearm safety and proper storage. Under the revised statute, a crime is committed when a person intentionally or recklessly stores or leaves a loaded firearm where a minor or other person prohibited by law, or unauthorized person, can access the firearm, and the unauthorized person obtains the firearm. The unauthorized persons use of the firearm to inflict serious physical injury or death is not an element of the offense, but is an aggravating factor. For the purposes of this offense, stores and leaves does not include when firearm is carried by or under the control of the owner or another lawfully-authorized user.
Last Action: Signed by Governor
Last Action Date: June 6, 2019
Title: Establishing The Gun Violence Prevention Task Force To Study And Make Findings And Recommendations Regarding Whether Delaware Should Become The Point Of Contact To Conduct Background Checks For Firearms Transfers.
Description: This Act creates the Gun Violence Prevention Task Force to study and make findings and recommendations regarding whether Delaware should become the point of contact to conduct background checks for firearms transfers.
Last Action: Passed By Senate. Votes: 20 YES 1 ABSENT
Last Action Date: January 30, 2020
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Weapons.
Description: Importers, manufacturers, and dealers of "destructive weapons" are licensed and regulated under Federal law. Under existing Delaware law, importers, manufacturers, and dealers of destructive weapons are not permitted to deliver them to purchasers in Delaware who are otherwise permitted to own such weapons, such as military or police forces. This bill will permit properly licensed importers, manufacturers, and dealers to possess and store destructive weapons in this State and engage in activities associated with the sale and delivery of such weapons to (or from) qualified purchasers.
Last Action: Assigned to Judicial Committee in Senate
Last Action Date: June 21, 2019
Title: An Act To Amend Title 16 Of The Delaware Code Relating To The Delaware Gun Shop Project.
Description: In 2009, New Hampshire was the first state to develop a statewide Gun Shop Project, reaching out to gun shops regarding the role they can play in suicide prevention. In the years since, at least 21 other states have implemented similar campaigns. This Act establishes the Delaware Gun Shop Project (Project), under which the Division of Substance Abuse and Mental Health (Division) must develop relevant materials that may be posted conspicuously and available for distribution at Delaware gun shops.
Last Action: Introduced and Assigned to Health & Human Development Committee in House
Last Action Date: June 18, 2019
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Firearms.
Description: This bill establishes the crimes of possession of an unfinished firearm frame or receiver with no serial number, possession of and manufacturing a covert or undetectable firearm, possession of and manufacturing an untraceable firearm, and manufacturing or distributing a firearm using a three-dimensional printer. This bill also makes it a crime to possess a firearm frame or receiver with a removed, obliterated, or altered serial number.
Last Action: Amendment HA 1 to HB 277 - Introduced and Placed With Bill
Last Action Date: January 30, 2020
Title: An Act To Amend Title 16 Of The Delaware Code Relating To The Gun Shop Project.
Description: In 2009, New Hampshire was the first state to develop a statewide Gun Shop Project, reaching out to gun shops regarding the role they can play in suicide prevention. In the years since, at least 21 other states have implemented similar campaigns. This Act establishes the Delaware Gun Shop Project.
Last Action: Introduced and Assigned to Health & Human Development Committee in House
Last Action Date: March 12, 2020
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Firearms.
Description: In 1994 the 137th General Assembly created the crime of Possession of a Firearm During the Commission of a Felony. In the intervening decades, the length of the minimum required sentence of 3 years and 5 years for defendants with 2 prior felonies has not changed. Instead, in 2019 the 150th General Assembly removed the requirement of consecutive sentences and removed the prohibition on suspending portions of the sentence and earned good time. Felony offenses committed with firearms are some of the most dangerous and violent crimes that can be committed by criminals. The trend of leniency is not commensurate with the seriousness of the offense, nor does it adequately protect victims of crime. This Act increases the minimum penalty to 5 years and to 10 years for defendants with 2 prior felonies. This Act also restores the requirements that defendants be sentenced consecutively and prohibits suspension of the sentence. This Act is intended to enhance public safety by appropriately punishing criminal use of firearms.
Last Action: Introduced and Assigned to Judiciary Committee in House
Last Action Date: March 27, 2020
Title: An Act To Amend Titles 2, 3, 4, 6, 7, 9, 11, 12, 13, 14, 15, 16, 18, 20, 21, 23, 24, 26, 29, 30 And 31 Of The Delaware Code Relating To Crimes And Criminal Penalties.
Description: Delawares existing Criminal Code was adopted in 1973 and was based on the Model Penal Code. Since that time, the Criminal Code has quadrupled in size and expanded to other parts of the Code without consideration to the general effects of the change on the Criminal Codes overall structure, its terminology, or its application, creating numerous inconsistencies, redundancies, ambiguities and contradictions. This Act is one of two bills that seek to bring back proportionality, clarity, and consistency to the Criminal Code. Passage of this Act is contingent on the passage of the other bill that revises Title 11, Part I, and that would take effect 20 months after its passage.
Last Action: Introduced and Assigned to Judicial Committee in Senate
Last Action Date: July 31, 2019
Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Delaware Criminal Code.
Description: Delawares existing Criminal Code was adopted in 1973 and was based on the Model Penal Code. Since that time, the Criminal Code has quadrupled in size and provisions related to crimes expanded to other parts of the Code without consideration to the general effects of the change on the Criminal Codes overall structure, its terminology, or its application, creating numerous inconsistencies, redundancies, ambiguities and contradictions. In 2014, the General Assembly established the Criminal Justice Improvement Committee to review opportunities for efficiencies in the Delaware Criminal Code, including identifying: disproportionate, redundant, outdated, duplicative, or inefficient statutes and crimes that should or should not constitute potential jail time. The Criminal Justice Improvement Committee Working Group was created to accomplish the Criminal Justice Improvement Committees stated goals and has worked diligently for the last three years, in concert with other criminal justice stakeholders, to restore the criminal code to a clear, readable, and proportional code. The recommendations found in their Final Report are the bases for this Act and its companion bill.
Last Action: Introduced and Assigned to Judicial Committee in Senate
Last Action Date: July 31, 2019
Title: An Act To Amend The Delaware Code Relating To Deadly Weapons.
Description: This Substitute Act takes the place of Senate Bill No. 68 (150th General Assembly) and removes the voluntary certificate of possession process. In all other respects this Act is similar to Senate Bill No. 68.
Last Action: Adopted in lieu of the original bill SB 68, and Assigned to Executive Committee in Senate
Last Action Date: May 9, 2019
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Deadly Weapons.
Description: This Act creates an application process to obtain a handgun qualified purchaser card, to authorize the purchase of a handgun, or a firearms qualified purchaser card, to authorize the purchase of firearms other than a handgun. This Act then requires licensed importers, manufacturers, or dealers, as well as unlicensed persons, to require an individual to present the individuals handgun qualified purchaser card or firearms qualified purchaser card before selling or transferring a firearm.
Last Action: Introduced and Assigned to Executive Committee in Senate
Last Action Date: April 10, 2019
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Deadly Weapons.
Description: This Act creates the Delaware Large Capacity Magazine Prohibition Act of 2019. The Act includes clear definitions for the term large-capacity magazine, as an ammunition feeding device with a capacity to accept more than 15 rounds of ammunition. After enactment, possession of large-capacity magazine will be a class B misdemeanor for a first offense and a class E felony for any subsequent offense.
Last Action: Introduced and Assigned to Executive Committee in Senate
Last Action Date: April 10, 2019
Title: An Act To Amend Title 11 And Title 16 Of The Delaware Code Relating To The Eligibility Of Registered Qualifying Patients Under The Delaware Medical Marijuana Act To Purchase Or Possess Firearms.
Description: This Act clarifies existing law so that an individual is not disqualified from possessing or purchasing a firearm because the individual is a registered qualifying patient under the Delaware Medical Marijuana Act.
Last Action: Amendment HA 1 to SB 79 - Introduced and Placed With Bill
Last Action Date: January 30, 2020
Title: An Act To Amend Title 11 And Title 24 Of The Delaware Code Relating To Deadly Weapons.
Description: This Act replaces Senate Bill No. 69 (150th General Assembly) and does the following:
Last Action: Introduced and Assigned to Executive Committee in Senate
Last Action Date: May 1, 2019
Title: An Act To Amend Title 11 Relating To Unlawfully Dealing With A Dangerous Weapon.
Description: This Act revises the shot and pellet size that is permitted for BB and air guns by increasing and defining the limit by an actual size. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Last Action: Reported Out of Committee (Judicial) in Senate with 3 On Its Merits
Last Action Date: June 12, 2019
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Civil Procedures To Relinquish Firearms Or Ammunition.
Description: This bill changes the standard of proof necessary to issue a civil gun relinquishment order from the Justice of the Peace Court. The preponderance of the evidence standard is the standard traditionally used in civil matters and is, therefore, appropriate here. This also makes the standard consistent with that required for a Lethal Violence Protective Order, which is highly similar in nature.
Last Action: Signed by Governor
Last Action Date: July 17, 2019
Title: An Act To Amend The Delaware Code Relating To The Delaware Criminal Code.
Description: This Act narrows the meaning of firearm for purposes of the Delaware Criminal Code by aligning the definition of firearm with the definition in federal criminal background check law.
Last Action: Reported Out of Committee (Judicial) in Senate with 3 On Its Merits
Last Action Date: June 19, 2019
Title: An Act To Amend The Laws Of Delaware And Title 4, Title 6, Title 10, Title 11, Title 15, Title 16, Title 19, Title 24, Title 25, And Title 29 Of The Delaware Code Relating To Technical Corrections.
Description: In January 2019, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 149th General Assembly in 2018 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors.
Last Action: Signed by Governor
Last Action Date: July 23, 2019