DELAWARE STATE SENATE

150th GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

SENATE BILL NO. 68

AMEND Senate Bill No. 68 between lines 120 and 121 by inserting the following:

“ d. Acts to sell, transfer, or return an assault weapon to an individual who meets the criteria under paragraph (b)(10), (b)(11), or (b)(12) of this section.

e. Acts to service or repair an assault weapon owned by an individual who meets the criteria under paragraph (b)(10), (b)(11), or (b)(12) of this section. ”.

FURTHER AMEND Senate Bill No. 68 between lines 140 and 141 by inserting the following:

“ (10) A resident of this State born on or before June 30, 1998, if the resident is not otherwise a person prohibited under § 1448 of this title.

(11) A resident of this State who holds a valid license to carry a concealed deadly weapon under § 1441, § 1441A, or § 1441B of this title .

(12) A resident of this State who is not otherwise a person prohibited under § 1448 of this title and who has completed a firearms training course that is sponsored by a federal, state, county, or municipal law-enforcement agency; a college; a nationally recognized organization that customarily offers firearms training; or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training and that consists of at least all of the following:

a. Instruction regarding knowledge and safe handling of firearms.

b. Instruction regarding safe storage of firearms and child safety.

c. Instruction regarding knowledge and safe handling of ammunition.

d. Instruction regarding safe storage of ammunition and child safety.

e. Instruction regarding safe firearms shooting fundamentals.

f. Live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition.

g. Identification of ways to develop and maintain firearm shooting skills.

h. Instruction regarding federal and state laws pertaining to the lawful purchase, ownership, transportation, use, and possession of firearms.

i. Instruction regarding the laws of this State pertaining to the use of deadly force for self-defense.

j. Instruction regarding techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.

k. Instruction regarding suicide prevention. ”.

FURTHER AMEND Senate Bill No. 68 by deleting line 148 in its entirety and inserting in lieu thereof “ permitted by paragraph (b)(3)b., (b)(3)c., (b)(3)d., or (b)(3)e. of this section or by paragraph (d)(2)b. of this section. ”.

FURTHER AMEND Senate Bill No. 68 on line 154 inserting “ who lawfully possesses an assault weapon under this section or ” after “ person ” and before “ who ” therein.

SYNOPSIS

This Amendment preserves many of the gun safety measures contained within the Act, but exempts the following individuals who are not otherwise prohibited from possessing a firearm from being prohibited from owning, purchasing, or transferring an assault weapon:

1. Delaware residents born on or before June 30, 1998.

2. Delaware residents who hold a valid license to carry a concealed deadly weapon.

3. Delaware residents who have completed a firearms training course that is sponsored by a federal, state, county or municipal law enforcement agency; a college; a nationally recognized organization that customarily offers firearms training; or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training.

In addition, this Amendment permits licensed firearm dealers to sell or transfer an assault weapon to the 3 types of individuals exempted from the Act’s prohibition by this Amendment.

Author: Senator Paradee