25 total bills, 14 anti-gun bills,
4 pro-gun bills for this session
Proposed Delaware Firearm Legislation
25 total bills, 14 anti-gun bills,
4 pro-gun bills for this session
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: Requesting The Department Of Justice And Department Of Health And Social Services To Issue Reports Regarding The Effectiveness Of The Red Flag Laws And Other Relevant Statistics.
Description: This Resolution requests the Attorney Generals Office, the Director of the Delaware Justice Information System (DELJIS), and the Secretary of Health and Social Services to provide reports to the General Assembly that will provide information regarding the effectiveness of the current Red Flag Laws, as well as other statistics that may provide more insight so that in the future, the General Assembly might refine said laws, further protecting Delaware citizens from violence due to firearms.
Last Action: Passed In House by Voice Vote
Last Action Date: June 30, 2022
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: Signed by Governor
Last Action Date: June 3, 2021
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Inchoate Crimes.
Description: This bill closes a loophole in existing Delaware law by making it a crime for a person who is not otherwise legally eligible to own, possess, or purchase a firearm or ammunition to attempt to obtain same through fraud, deceit, or deception.
Last Action: Reported Out of Committee (Judiciary) in House with 3 Favorable, 6 On Its Merits
Last Action Date: March 23, 2021
Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Possession Or Purchase Of Deadly Weapons By Persons Prohibited.
Description: This Act prohibits a person who is the subject of a Protection from Abuse Order of the Family Court and who knows or has reason to know, that the Order has been issued from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm in this State. This Act also prohibits the subject of an outstanding arrest warrant, active indictment or information related to a felony or misdemeanor crime of domestic violence from purchasing a firearm. The subject of the pending criminal process must know or have reason to know that the process is pending in order for the prohibition to apply. This Act also makes technical changes to the existing law to make it conform to the Legislative Drafting Manual.
Last Action: Signed by Governor
Last Action Date: October 20, 2021
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Firearms.
Description: Section 1 of 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. This bill makes very limited exceptions to the requirement that certain guns have serial numbers which are: (1) Firearms manufactured before 1968; (2) Muzzle loaders that only use black powder, and antique replicas. Finally, this bill makes clear that § 1463 of Title 11 concerning untraceable firearms does not apply to members of the military forces or members of a police force in this State duly authorized to carry an untraceable firearm, and does not apply to the manufacture or importation for sale to a law-enforcement or military entity in this State.
Last Action: Signed by Governor
Last Action Date: October 20, 2021
Title: An Act To Amend Title 11 Of 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 the federal criminal background check law. The reference to a BB gun is no longer necessary because a BB gun does not use an explosive force to propel a projectile.
Last Action: Reported Out of Committee (Judiciary) in House with 4 Favorable, 3 On Its Merits, 2 Unfavorable
Last Action Date: June 15, 2022
Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Loss Or Theft Of A Firearm.
Description: This bill increases the penalties for a second offense of a firearm owners failure to report the loss of theft of a firearm pursuant to the statute from just a civil penalty to a Class A misdemeanor, which is punishable by a fine of up to $2,300 and incarceration of up to 1 year.
Last Action: Reported Out of Committee (Judiciary) in House with 3 Favorable, 7 On Its Merits
Last Action Date: March 16, 2022
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: At least 36 states allow for the medical use of marijuana. However, federal firearm laws have not kept pace and currently prohibit an individual who is an unlawful user of or addicted to any controlled substance from possessing or purchasing a firearm. It is still unlawful under federal law to use or possess marijuana.
Last Action: Vetoed by Governor
Last Action Date: October 27, 2022
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Destructive Weapons.
Description: This bill criminalizes the possession, sale, transfer, purchase, or receipt of a short-barreled shotgun and short-barreled rifle which is not registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives. While it is currently illegal under federal law to possess or build such weapons without registration and payment of the tax, it is not illegal under Delaware law. This bill makes the possession, purchase, receipt or sale or such weapons a Class E violent felony punishable by up to 5 years in jail.
Last Action: Reported Out of Committee (Judiciary) in House with 1 Favorable, 6 On Its Merits
Last Action Date: March 23, 2022
Title: An Act To Amend Title 3, Title 4, Title 8, Title 9, Title 11, Title 14, Title 16, Title 18, Title 19, Title 21, Title 24, Title 25, Title 29, Title 30, And Title 31 Of The Delaware Code, The Charter Of Hartly, And The Laws Of Delaware Relating To Technical Corrections.
Description: In January 2021, 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 150th General Assembly in 2019 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: February 16, 2022
Title: An Act To Amend Titles 4, 11, 16, And 30 Of The Delaware Code Relating To Creation Of The Delaware Marijuana Control Act.
Description: The Delaware Marijuana Control Act regulates and taxes marijuana in the same manner as alcohol. It allows adults over the age of 21 to legally possess and consume under 1 ounce of marijuana for personal use. It does not permit people to grow their own marijuana.
Last Action: Defeated By House. Votes: 23 YES 14 NO 3 NOT VOTING
Last Action Date: March 10, 2022
Title: An Act To Amend Titles 4, 11, 16, And 30 Of The Delaware Code Relating To Creation Of The Delaware Marijuana Control Act.
Description: The Delaware Marijuana Control Act regulates and taxes marijuana in the same manner as alcohol.
Last Action: Defeated By House. Votes: 23 YES 15 NO 2 ABSENT
Last Action Date: May 19, 2022
Title: An Act To Amend Titles 11, 16, 24, And 29 Of The Delaware Code Relating To Background Checks For Firearms Sale, Transfer, Or Concealed Carry Permit.
Description: Federal law permits states to require federal firearms licensees (FFLs) to conduct background checks through a state agency, or point of contact, instead of directly through the National Instant Criminal Background Check System (NICS).
Last Action: Signed by Governor
Last Action Date: June 30, 2022
Title: An Act To Amend The Delaware Code Relating To Deadly Weapons.
Description: The Delaware Lethal Firearms Safety Act of 2022 prohibits the manufacture, sale, offer to sell, transfer, purchase, receipt, possession, or transport of assault weapons in Delaware, subject to certain exceptions. One exception is that the Act does not prohibit the possession and transport of firearms that were lawfully possessed or purchased before the effective date of this Act; although for these firearms there are certain restrictions relating to their possession and transport after the effective date of this Act. There are also exceptions for law-enforcement and military personnel in the course of their official duties, and a limited exception for retired law-enforcement personnel. Finally, a person lawfully in possession of an assault weapon prior to the passage of this Act may lawfully transfer the weapon to a member of their family, through inheritance or otherwise.
Last Action: Signed by Governor
Last Action Date: June 30, 2022
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Firearms.
Description: This bill makes a person under the age of 21 prohibited from purchasing, owning, possessing, or controlling a firearm or ammunition of a firearm except under limited circumstances. Those circumstances are if the person is 18 years of age or older and an active member of the Armed Forces, a qualified law-enforcement officer, or has a license to carry a concealed deadly weapon. The Act does not apply to shotguns and shotgun ammunition, muzzle-loading rifles, and deadly weapons other than firearms, thus allowing those persons who are 18 to 21 years of age to purchase, own, control or possess such deadly weapons. Persons under the age of 21 may possess or control a firearm for the purpose of engaging in lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of a person 21 year of age or older. This bill also makes changes to § 1445 of Title 11Unlawfully dealing with a dangerous weapon to be consistent with the changes made to § 1448 of Title 11. In addition, the bill only criminalizes the control of a weapon which by compressed air or by spring discharges or projects a pellet, slug, or bullet by a person who is not a qualified law enforcement officer if such pellet, slug, or bullet is larger than .177 caliber shot.
Last Action: Signed by Governor
Last Action Date: June 30, 2022
Title: An Act To Amend Title 11 And Title 24 Of The Delaware Code Relating To Deadly Weapons.
Description: This Substitute amends Senate Bill No. 3 by doing the following:
Last Action: Amendment HA 1 to SS 1 - Introduced and Placed With Bill
Last Action Date: June 23, 2021
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Deadly Weapons.
Description: This Substitute Act creates the Delaware Large-Capacity Magazine Prohibition Act of 2022, which does the following:
Last Action: Signed by Governor
Last Action Date: June 30, 2022
Title: Declaring Gun Violence A Public Health Crisis.
Description: This Senate Concurrent Resolution declares that gun violence is a public health crisis, that ending the gun violence devastating Delaware is a policy priority, and supporting policy and legislative solutions that will make schools safe, confront armed hate and extremism, prevent suicide, and center and support survivors of gun violence.
Last Action: Passed By Senate. Votes: 13 YES 8 NO
Last Action Date: January 27, 2021
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Destructive Weapons.
Description: This Act defines machine gun as it is defined under federal law. Defining machine gun makes clear the types of weapons prohibited under Delaware law, including an auto sear, or glock switch, which transforms a semiautomatic gun into a machine gun.
Last Action: Signed by Governor
Last Action Date: June 30, 2022
Title: An Act To Amend Title 16 Of The Delaware Code Relating To Criminal Violence Risk Assessment.
Description: On November 3, 2015, the United States Centers for Disease Control and Prevention (CDC) published a report titled "Elevated Rates of Urban Firearm Violence and Opportunities for Prevention Wilmington, Delaware" in which the CDC made 2 major recommendations: (1) the creation and adoption of a robust risk assessment tool and (2) an integrated, statewide data collection system. To date, no meaningful action has been taken at any level to implement the CDC's recommendations.
Last Action: Introduced and Assigned to Health & Social Services Committee in Senate
Last Action Date: January 26, 2021
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Use Of Force.
Description: This Act codifies a reasonableness requirement for the use of force, both non-lethal and lethal. This is important when the state of mind is an issue in a criminal trial, such as when the judge or jury must decide as to what someone believed, knew, or intended at a given time.
Last Action: Signed by Governor
Last Action Date: June 30, 2021
Title: An Act To Amend Title 9, Title 10, Title 11, And Title 22 Of The Delaware Code Relating To Carrying A Concealed Deadly Weapon.
Description: Section 20 of Article I of the Delaware Constitution guarantees that a person has the right to keep and bear arms for defense of self, family home and state. Both the United States Supreme Court and the Delaware Supreme Court have recognized the right of self-defense to be fundamental and to have pre-dated the formation of our country.
Last Action: Introduced and Assigned to Judiciary Committee in Senate
Last Action Date: June 8, 2021
Title: An Act To Amend Title 6 Of The Delaware Code Relating To The Gun Owners' Bill Of Rights.
Description: Section 20, Article I of the Delaware Constitution guarantees the individual citizen's right to keep and bear arms for legitimate and lawful purposes such as defense of self, family, home and State, and for hunting and recreational use. However, not everyone engaged in business in Delaware readily accepts and honors those rights or the individual Delawarean's ability under the law to lawfully exercise those rights.
Last Action: Introduced and Assigned to Executive Committee in Senate
Last Action Date: May 11, 2022
Title: An Act To Amend Title 10 And Title 11 Of The Delaware Code Relating To Firearms.
Description: This Act is named for Keshall KeKe Anderson. KeKe was an innocent bystander who was killed in a 2016 shooting involving a firearm purchased through a straw purchase. In 2019, in a lawsuit by KeKes family against the dealer of the firearm involved in her death, the Delaware Supreme Court affirmed the Superior Courts decision interpreting § 1448A of Title 11 of the Delaware Code to grant a firearm dealer full immunity from liability, even if the firearm dealer is negligent in selling a firearm to a straw purchaser. See Summers v. Cabelas Wholesale, Inc., 2019 Del. Super. LEXIS 156 (Del. Super. 2019), affd, Summers v. Cabelas Wholesale, Inc., 2019 Del. LEXIS 524 (Del. 2019).
Last Action: Signed by Governor
Last Action Date: June 30, 2022
Title: An Act To Amend Title 11 Of The Delaware Code Relating To Deadly Weapons.
Description: Currently, there is a manufacturer of firearm magazines in Georgetown that employs nearly 90 workers and produces 30, 20, 15, and 10 round magazines.
Last Action: Signed by Governor
Last Action Date: June 30, 2022
