House Bill 450
151st General Assembly (Present)
Becomes effective upon date of signature of the Governor or upon date specified
AN ACT TO AMEND THE DELAWARE CODE RELATING TO DEADLY WEAPONS.
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. The Act directs the Department of Safety and Homeland Security to develop a procedure for issuance of a voluntary certificate of possession to show lawful possession of an assault weapon prior to the effective date of the Act. A gun owner is not required to apply for the certificate, but a certificate provides a conclusive means of proving lawful possession prior to the passage of this Act. The Department is not permitted to retain copies of issued certificates or identifying information of any applicant. The Act also adds a violation of this Act to the list of predicate crimes for possession of a weapon in a school zone.
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