SPONSOR:

Sen. Lawson

 

DELAWARE STATE SENATE

148th GENERAL ASSEMBLY

SENATE BILL NO. 182

AN ACT TO AMEND THE DELAWARE CODE RELATING TO THE FEDERAL LAW ENFORCEMENT OFFICERS SAFETY ACT


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1. Amend §330(d), Title 9, Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§330 General powers and duties.

(d) Notwithstanding subsection (c) of this section, county governments may adopt ordinances regulating the possession of firearms, ammunition, components of firearms, or explosives in police stations and county buildings which contain all of the provisions contained in this subsection. Any ordinance adopted by a county government regulating possession of firearms, ammunition, components of firearms, or explosives in police stations or county buildings shall require that all areas where possession is restricted are clearly identified by a conspicuous sign posted at each entrance to the restricted areas. The sign may also specify that persons in violation may be denied entrance to the building or be ordered to leave the building. Any ordinance adopted by county governments relating to possession in police stations or county buildings shall also state that any person who immediately foregoes entry or immediately exits such building due to the possession of a firearm, ammunition, components of firearms, or explosives shall not be guilty of violating the ordinance. County governments may establish penalties for any intentional violation of such ordinance as deemed necessary to protect public safety. An ordinance adopted by the county government shall not prevent the following in county buildings or police stations:

(6)Carrying firearms and ammunition by persons who hold a valid license pursuant to either §1441 or §1441A or §1441B of Title 11 so long as the firearm remains concealed except for inadvertent display or for self-defense or defense of others;

Section 2.Amend §1441A, Title 11, Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1441A State implementation of the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. §926B as amended in 2010 and 2013); carrying of concealed firearms by qualified active duty law-enforcement officers.

(a) Notwithstanding any other provision of the law of any state or any political subdivision thereof, an individual who is a qualified active duty law-enforcement officer and who is carrying the identification required by subsection (d) of this section may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b) of this section.

(c) As used in this section, the term "qualified active duty law-enforcement officer" means an employee of a governmental agency who:

Section 3.Amend §1448B(c), Title 11, Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1448B Criminal history record checks for sales of firearms — Unlicensed persons.

(c)The provisions of this section shall not apply to:

(5) Transactions in which the potential purchaser or transferee is a qualified active duty law-enforcement officer or a qualified retired law-enforcement officer, as such terms are defined in §1441A and §1441B of this title;

Section 4. Amend §111(b), Title 22, Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 111 Limitation on firearm regulations.

(b)Subsection (a) of this section notwithstanding, municipal governments may adopt ordinances regulating the possession of firearms, ammunition, components of firearms, or explosives in police stations and municipal buildings which contain all of the provisions contained in this subsection. Any ordinance adopted by a municipal government regulating possession of firearms, ammunition, components of firearms, or explosives in police stations or municipal buildings shall require that all areas where possession is restricted are clearly identified by a conspicuous sign posted at each entrance to the restricted areas. The sign may also specify that persons in violation may be denied entrance to the building or be ordered to leave the building. Any ordinance adopted by municipal governments relating to possession in police stations or municipal buildings shall also state that any person who immediately foregoes entry or immediately exits such building due to the possession of a firearm, ammunition, components of firearms, or explosives shall not be guilty of violating the ordinance. Municipal governments may establish penalties for any intentional violation of such ordinance as deemed necessary to protect public safety. An ordinance adopted by the municipal government shall not prevent the following in municipal buildings or police stations:

(6) Carrying firearms and ammunition by persons who hold a valid license pursuant to either §1441 or §1441A or §1441Bof Title 11 so long as the firearm remains concealed except for inadvertent display or for self-defense or defense of others;


SYNOPSIS

This Act makes technical corrections to citations to the newly re-enacted Federal Law Enforcement Officers Safety Act. It also keeps within LEOSA the term "qualified active duty law enforcement officer".

AUTHOR: Senator Lawson