SPONSOR:

Sen. Marshall & Rep. Barbieri & Rep. Heffernan

 

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE BILL NO. 37

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND ASSAULT WEAPONS.


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


Section 1.  Amend Chapter 5, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

§1462.Manufacture, production, possession, delivery, sale, or purchase of assault weapon; class F or class E felony.

(a)The term "assault weapon" means:

(1) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following characteristics:

a. A folding or telescoping stock;

b. A pistol grip that protrudes conspicuously beneath the action of the weapon;

c. A thumbhole stock;

d. A second handgrip or a protruding grip that can be held by the non-trigger hand;

e. A bayonet mount;

f. A flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle break, or muzzle compensator;

g. A grenade launcher or flare launcher; or

(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds, or an overall length of less than 30 inches or 762 mm; or

(3)  A semiautomatic shotgun that has at least one of the following characteristics:

a. A folding or telescoping stock;

b. A thumbhole stock;

c. A second handgrip or a protruding grip that can be held by the non-trigger hand;

d. A fixed magazine capacity in excess of seven rounds;

e. An ability to accept a detachable magazine; or

(4) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least one of the following characteristics:

a. A folding or telescoping stock;

b. A thumbhole stock;

c. A second handgrip or a protruding grip that can be held by the non-trigger hand;

d. Capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip;

e. A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;

f. A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

g. A manufactured weight of fifty ounces or more when the pistol is unloaded; or

h. A semiautomatic version of an automatic rifle, shotgun or firearm; or

(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

(6) A revolving cylinder shotgun;

(7) All of the following specified rifles:

a. All AK series including, but not limited to, the models identified as follows:

b. Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.

c. Norinco 56, 56S, 84S, and 86S.

d. Poly Technologies AKS and AK47.

e. MAADI AK47 and ARM.

f. UZI and Galil.

g.Beretta AR-70.

h. CETME Sporter.

i. Colt AR-15 series.

j. Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110C.

k. Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.

l. MAS 223.

m. HK-91, HK-93, HK-94, and HK-PSG-1.

n. The following MAC types:

o. RPB Industries Inc, sM10 and sM11.

p. SWD Incorporated M11.

q. SKS with detachable magazine.

r. SIG AMT, PE-57, SG 550, and SG 551.

s. Springfield Armory BM59 and SAR-48.

t. Sterling MK-6.

u. Steyer AUG.

v. Valmet M62S, M71S, and M78S.

w. Armalite AR-180.

x. Bushmaster Assault Rifle.

y. Calico M-900.

z. J&R ENG M-68.

aa. Weaver Arms Nighthawk.

(8) All of the following specified pistols:

a. UZI.

b. Encom MP-9 and MP-45.

c. The following MAC types:

d. RPB Industries Inc, sM10 and sM11.

e. SWD Incorporated M-11.

f. Advance Armament Inc, M-11.

g. Military Armament Corp. Ingram 11.

h. Intratec TEC-9.

i. Sites Spectre.

j. Sterling MK-7.

k. Calico M-950.

l. Bushmaster Pistol.

(9) All of the following specified shotguns:

a. Franchi SPAS 12 and LAW 12.

b. Striker 12.

c. The Streetsweeper type S/S Inc, SS/12.

(10) Provided, however, that such term does not include:

a. Any rifle, shotgun or pistol that

i. Is manually operated by bolt, pump, lever or slide action;

ii. Has  been  rendered  permanently inoperable;  or 

iii. Is  an  antique  firearm  as  defined in 18 U.S.C. 921(a)(16);

b. A semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;

c. A semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine; or

d. A rifle, shotgun or pistol, or a replica or a duplicate thereof, specified in appendix a to 18 u.s.c. 922 as such weapon was manufactured on October First, Nineteen Hundred Ninety-Three. The mere fact that a weapon is not listed in appendix a shall not be construed to mean that such weapon is an assault weapon;

e. Any firearm, rifle, or shotgun that  was  manufactured  at  least fifty years prior to the current date, but not including replicas thereof,  that is validly  registered in the state.

(b) Except as provided in subsections (c) and (d), it is unlawful for any person within this State, beginning 120 days after the effective date of this Section, to knowingly manufacture, produce, deliver, sell, purchase, or possess or cause to be manufactured, produced, delivered, sold, purchased, or possessed, an assault weapon.

(c) A person who legally possessed an assault weapon prohibited by subsection (b) before the effective date of this section may continue to legally possess the assault weapon provided that the person has provided proof of ownership to the Delaware State Police within 120 days after the effective date of this section as required by law.On or after the effective date of this Section, such person may transfer such assault weapon only to an heir, or a dealer licensed as a federal firearms dealer.

(d) This section does not apply to or affect any of the following:

(1) This section shall not apply to any law enforcement or police officer, or to any security officer as defined in Chapter 13 of Title 24.

(2) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of the United States or the Delaware National Guard, while in the performance of their official duties or while traveling to or from their place of duty.

(4) Manufacture, transportation, or sale of assault weapons to persons authorized under paragraphs (1) through (3) of this subsection to possess those items.

(e) A violation of this section is a class F felony.A second violation of this section within ten years of the first violation is a class E felony.

Section 2.  Amend 1457, Chapter 5, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike though as follows:

§1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F: class A or B misdemeanor.

(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.

(b) The underlying offenses in Title 11 shall be:

(1) Section 1442. -- Carrying a concealed deadly weapon; class G felony; class D felony.

(2) Section 1444. -- Possessing a destructive weapon; class E felony.

(3) Section 1446. -- Unlawfully dealing with a switchblade knife; unclassified misdemeanor.

(4) Section 1448. -- Possession and purchase of deadly weapons by persons prohibited; class F felony.

(5) Section 1452. -- Unlawfully dealing with knuckles-combination knife; class B misdemeanor.

(6) Section 1453. -- Unlawfully dealing with martial arts throwing star; class B misdemeanor.

(7) Section 1462. -- Manufacture, production, possession, delivery, sale, or purchase of an assault weapon; class F or class E felony.


SYNOPSIS

This act would add a new section 1462 to Title 11 of the Delaware Code and set in place a prospective prohibition against the manufacture, production, delivery, sale, or purchase of assault weapons.  Persons who legally possess assault weapons at the time the act goes into effect may continue to possess them legally, but must provide proof of ownership to the Delaware State Police within 120 days of the effective date of the act. 

A first violation of the new section 1462 would be a class F felony, which carries a maximum sentence of up to 3 years to be served at Level V.A second violation within ten years of the first violation would be a class E felony, which carries a maximum sentence of up to 5 years to be served at level V.

Presently, California, Connecticut, Massachusetts, New Jersey, New York, and the District of Columbia are reported to have enacted legislation placing restrictions on assault weapons.Other states are considering such legislation.

This act would also make it unlawful to violate the new Section 1461 in a Safe School and Recreation Zone, pursuant to Title 11 of the Delaware Code, Section 1457.

Author: Sen. Marshall