SPONSOR: |
Rep. Mitchell & Sen. Peterson |
|
Reps.
Barbieri, Bolden, Heffernan, Kowalko, Longhurst, Potter, Schwartzkopf, Scott;
Sens. Henry, Sokola |
HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
HOUSE BILL NO. 58 |
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROHIBITED CONDUCT IN CONNECTION WITH LARGE-CAPACITY MAGAZINES. |
Section
1. Amend Title 11 of the Delaware Code
by making insertions as shown by underlining as follows:
§
1462. Manufacture, sale, transfer,
purchase, receipt or unlawful possession of large-capacity magazines.
(a) Except as otherwise specified herein, no
person shall manufacture, sell, transfer, purchase, receive or possess
unlawfully any large-capacity magazine.
(b) For purposes of this section:
(1) “Large-capacity magazine” means any
ammunition feeding device with the capacity to accept more than 10 rounds, but
shall not include (A) an ammunition feeding device that has been permanently
altered so that it cannot accommodate more than 10 rounds, or (B) an attached
tubular ammunition feeding device designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition.
(2) “Licensed firearms dealer” means any person
licensed as a deadly weapons dealer pursuant to Chapter 9 of Title 24 and 18
U.S.C. § 921 et seq.
(3) “Not
readily operable” means that the large-capacity magazine or firearm is
disassembled, broken down, or stored in a manner to prevent its immediate use.
(4) “Possess” or “possession” means that the
person has the item under his or her dominion and authority, and that said item
is at the relevant time physically available and accessible to the person.
(5)
“Possess unlawfully” or “unlawful possession” means possession of a
large-capacity magazine in a public place while in possession of a firearm
capable of accepting such magazine. It
shall be an affirmative defense to prosecution for unlawful possession of a
large-capacity magazine under this section that either the large-capacity
magazine or the firearm was not readily operable.
(6) “Public place” has the meaning set forth in 11 Del.C. § 1460(b)(3); provided, however,
that any shooting range, as such term is defined in paragraph (8) herein, shall
not be considered a public place.
(7)
“Qualified active duty law-enforcement officer” has the meaning set forth in 11
Del.C. § 1441A(a)(5).
(8) “Qualified retired law-enforcement officer”
has the meaning set forth in 11 Del.C.
§ 1441A(a)(6).
(9) “Shooting range” means any land or structure
used and operated in accordance with all applicable laws and ordinances for the
shooting of targets for training, education, practice, recreation, or
competition.
(10)
“Short-term rental” means the rental of a large-capacity magazine by a shooting
range to a customer for use upon the premises of the shooting range in
accordance with all applicable laws and ordinances, for a duration of no more
than 8 hours.
(c) This section does not apply to the purchase,
receipt or possession of a large-capacity magazine by:
(1) any
member of the armed forces of the United States or member of the National
Guard, provided such person is acting within the scope of his or her official
duties;
(2) any
qualified active duty law-enforcement officer or qualified retired
law-enforcement officer; or
(3) any
employee or authorized representative of a shooting range in connection with
the short-term rental of large-capacity magazines.
(d) This
section does not apply to any licensed firearms dealer that is:
(1)
repairing or servicing a large-capacity magazine for any person authorized by
law to possess same;
(2)
altering a large-capacity magazine so that it cannot accommodate more than 10
rounds; or
(3)
selling a large-capacity magazine to another licensed dealer or to any other
person exempted under subsection (c) of this section.
(e) This
section does not apply to any manufacturer that is:
(1)
repairing or servicing a large-capacity magazine for any person authorized by
law to possess same;
(2)
altering a large-capacity magazine so that it cannot accommodate more than 10
rounds; or
(3)
manufacturing a large-capacity magazine for export or for sale to government
agencies or the military pursuant to applicable state and federal laws and
regulations.
(f) Any person violating this section shall be
guilty of a class A misdemeanor for a first offense and a class G felony for
any subsequent offense. The Superior
Court shall have exclusive jurisdiction over all violations of this section.
Section
2. If any provision of this Act or the
application thereof to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the Act which
can be given effect without the invalid provision or application; and, to that
end, the provisions of this Act are declared to be severable.
Section
3. This Act shall have an effective date
of July 1, 2013.
SYNOPSIS
This bill would prohibit the manufacture, sale, purchase, transfer or delivery of large-capacity magazines, which are defined as ammunition feeding devices with the capacity to accept more than 10 rounds. Acknowledging that thousands of law-abiding Delawareans currently possess large-capacity magazines lawfully, the bill would make such possession unlawful only if it occurs in a public place while in possession of a firearm capable of accepting it. Possession of a large-capacity magazine would not be unlawful in areas that are not public places, and an exception exists to allow the possession and use of large-capacity magazines at shooting ranges. Persons who violate this Act would be guilty of a class A misdemeanor for a first offense and a class G felony for any subsequent offense. |