HB 123 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DISCHARGE OF A FIREARM.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced April 17, 2025. Enacted.
Signed by Governor Matt Meyer (Democratic) on August 20, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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8 sponsors
8 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (7 D · 1 R) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
This Act creates the crime of “discharging a firearm at a dwelling, place of worship, vehicle, or place of business.” The offense is a class E felony. The offense contains a provision that provides that a person may not be convicted of both a violation of this section and reckless endangering 1st or 2nd with regard to the same conduct. It also exempts a shooting range from the businesses covered by the statute.
Bill Text
What changed in the latest version
28 added · 15 removedPlain-language change summary
The amendment changes the wording from "discharging a firearm at" to "discharging a firearm towards" specific locations, which includes adding "school" and "institution of higher education" to the list of prohibited targets. This matters because it broadens the scope of locations where discharging a firearm is considered unlawful and clarifies the intent of the action, potentially impacting criminal charges related to this behavior.
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123Griffith, byK. deleting line 3 in its entirety and inserting in lieu thereof the following:
“§Johnson, 1460A.D.
DischargingShort, aBolden, firearmCarson, towardsOrtega; a dwelling, place of worship, vehicle, place of business, school, or institution of higher learning.”.
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FURTHER123 AN ACT TO AMEND HouseTITLE Bill11 No.OF THE DELAWARE CODE RELATING TO DISCHARGE OF A FIREARM.
123BE byIT insertingENACTED afterBY lineTHE 8GENERAL andASSEMBLY beforeOF lineTHE 9STATE theOF following:DELAWARE:
“(5)Section A1. school.
(6)Amend AnPart institutionE, Subchapter VII, Chapter 5 of higherTitle education.”.11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
SYNOPSIS§ This1460A. amendment clarifies that the prohibited action is discharging a firearm “towards” rather than “at” certain buildings or vehicles.
ItDischarging alsoa addsfirearm schoolsat anda institutionsdwelling, place of higherworship, educationvehicle, toor theplace list of targetsbusiness. prohibited by this section.
(a) It is unlawful to knowingly or intentionally discharge a firearm at any of the following:
(1) A dwelling.
(2) A place of worship.
(3) A vehicle.
(4) A place of business.
(b) For purposes of this section:
(1) “Dwelling” means as defined in § 829 of this title.
(2) “Place of business” means a permanent physical structure that is marked with signage and within which a commercial, service, or other legal enterprise is operated.
“Place of business” does not include a shooting range or other business the purpose of which is to provide a venue for lawful firearm practice or other lawful firearm uses.
(c) A violation of this section is a class E felony.
(d) A person may not be convicted of both a violation of this section and reckless endangering in the first degree, or both a violation of this section and reckless endangering in the second degree, with regard to the same conduct.
SYNOPSIS This Act creates the crime of “discharging a firearm at a dwelling, place of worship, vehicle, or place of business.” The offense is a class E felony.
The offense contains a provision that provides that a person may not be convicted of both a violation of this section and reckless endangering 1st or 2nd with regard to the same conduct.
It also exempts a shooting range from the businesses covered by the statute.
SCDDS Page 1 of 1 Released:
06/11/202504/17/2025 08:4510:05 AM 02815300890281530005
Action History
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Signed by Governor
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Passed By Senate. Votes: 20 YES 1 ABSENT
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Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 5 On Its Merits, 1 Unfavorable
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Assigned to Judiciary Committee in Senate
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Passed By House. Votes: 30 YES 1 NO 5 NOT VOTING 5 ABSENT
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Amendment HA 1 to HB 123 - Passed In House by Voice Vote
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Amendment HA 1 to HB 123 - Introduced and Placed With Bill
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Reported Out of Committee (Judiciary) in House with 7 On Its Merits
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Introduced and Assigned to Judiciary Committee in House
Sponsors
- Josue O Ortega · Primary
- William J. Carson · Primary
- Daniel B. Short · Primary
- Ray Seigfried · Primary
- Nicole Poore · Primary
- Darius J. Brown · Primary
- Franklin D. Cooke · Primary
- Nnamdi O. Chukwuocha · Primary
Sponsorship breakdown
Export CSV (upgrade) →8 sponsors · 0 co-sponsors · 54 not signed on · 1 voted No
Sponsors (8)
- Josue O Ortega Democratic
- William J. Carson Democratic
- Daniel B. Short Republican
- Ray Seigfried Democratic
- Nicole Poore Democratic
- Darius J. Brown Democratic
- Franklin D. Cooke Democratic
- Nnamdi O. Chukwuocha Democratic
Co-sponsors (0)
None.
Not signed on (54)
54 members have not signed on to this bill.
Show all 54 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 14 | 0 | 0 | 1 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bryan Townsend | Democratic | Yea |
| Daniel Cruce | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Not Voting |
| Ray Seigfried | Democratic | Yea |
| Russell Huxtable | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 18 | 1 | 0 | 7 |
| Republican | 12 | 0 | 0 | 2 |
| Unaffiliated | 0 | 0 | 0 | 1 |
| Total | 30 | 1 | 0 | 10 |
| % of votes cast | 73% | 2% | 0% | 24% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Stell Parker Selby | — | Not Voting |
| Claire Snyder-Hall | Democratic | Yea |
| Cyndie Romer | Democratic | Yea |
| DeShanna U Neal | Democratic | Yea |
| Debra Heffernan | Democratic | Yea |
| Edward S. Osienski | Democratic | Yea |
| Eric Morrison | Democratic | Yea |
| Frank Burns | Democratic | Not Voting |
| Franklin D. Cooke | Democratic | Yea |
| Josue O Ortega | Democratic | Yea |
| Kamela T Smith | Democratic | Not Voting |
| Kendra Johnson | Democratic | Yea |
| Kerri Evelyn Harris | Democratic | Yea |
| Kimberly Williams | Democratic | Yea |
| Krista Griffith | Democratic | Not Voting |
| Larry Lambert | Democratic | Yea |
| Madinah Wilson-Anton | Democratic | Not Voting |
| Mara Gorman | Democratic | Yea |
| Melanie Ross Levin | Democratic | Yea |
| Melissa Minor-Brown | Democratic | Yea |
| Nnamdi O. Chukwuocha | Democratic | Yea |
| Sean M. Lynn | Democratic | Nay |
| Sherae'a Moore | Democratic | Not Voting |
| Sophie Phillips | Democratic | Not Voting |
| Stephanie T. Bolden | Democratic | Yea |
| William Bush | Democratic | Not Voting |
| William J. Carson | Democratic | Yea |
| Bryan W. Shupe | Republican | Yea |
| Charles S Postles Jr. | Republican | Yea |
| Daniel B. Short | Republican | Not Voting |
| Jeff Hilovsky | Republican | Yea |
| Jeffrey N. Spiegelman | Republican | Yea |
| Jesse R. Vanderwende | Republican | Not Voting |
| Kevin S Hensley | Republican | Yea |
| Lyndon D. Yearick | Republican | Yea |
| Michael F. Smith | Republican | Yea |
| Richard G. Collins | Republican | Yea |
| Ronald E. Gray | Republican | Yea |
| Shannon Morris | Republican | Yea |
| Timothy D. Dukes | Republican | Yea |
| Valerie Jones Giltner | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 123 do?
- This Act creates the crime of “discharging a firearm at a dwelling, place of worship, vehicle, or place of business.” The offense is a class E felony. The offense contains a provision that provides that a person may not be convicted of both a violation of this section and reckless endangering 1st or 2nd with regard to the same conduct. It also exempts a shooting range from the businesses covered by the statute.
- Who sponsors HB 123?
- HB 123 is sponsored by Josue O Ortega (Democratic), William J. Carson (Democratic), Daniel B. Short (Republican), Ray Seigfried (Democratic), Nicole Poore (Democratic), Darius J. Brown (Democratic), Franklin D. Cooke (Democratic), and Nnamdi O. Chukwuocha (Democratic).
- What is the current status of HB 123?
- This bill has been enacted into law. Introduced April 17, 2025. Enacted.
- Where can I track HB 123?
- Track HB 123 free on One Click Politics — get push/email alerts when it moves.
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