Delaware 149th General Assembly (2017-2018) Status: Passed House 6 R cosponsors

HB 124 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO WEAPONS.

Last action — Passed By House. Votes: 32 YES 7 NO 2 ABSENT

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 149th General Assembly (2017-2018). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Importers, manufacturers and dealers of “destructive weapons” are licensed and regulated under Federal law. Under existing Delaware law, importers, manufacturers and dealers of destructive weapons are not permitted to deliver them to purchasers in Delaware who are otherwise permitted to own such weapons, such as military or police forces. This Bill will permit properly licensed importers, manufacturers and dealers to possess and store destructive weapons in this State and engage in activities associated with the sale and delivery of such weapons to (or from) qualified purchasers. All other changes made by this Act are technical corrections to conform the existing law to the guidelines of the Delaware Legislative Drafting Manual.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends Delaware law to allow licensed importers, manufacturers, and dealers of destructive weapons to possess and store these weapons in the state and engage in their sale and delivery to qualified purchasers.

  • § 1444

    and when related to the examination, demonstration, purchase, delivery, or sale of the destructive weapon to or from persons permitted to own or possess destructive weapons. → and engage in activities associated with the sale and delivery of such weapons to (or from) qualified purchasers.

    This change explicitly allows licensed dealers to participate in the sale and delivery of destructive weapons to authorized individuals.

  • § 1444(b)(10)

    members Members of a police force in this State who are duly authorized to carry a weapon of the type described; described. → a police force in this State who are duly authorized to carry a weapon of the type described.

    This change corrects a redundant phrase in the exemption for police officers.

  • § 1444(b)(13)

    authorized and certified (by an accredited state enforcement agency) state and federal wildlife biologists possessing State and federal wildlife biologists who are authorized and certified by an accredited state enforcement agency to possess firearm silencers for the purposes of wildlife disease or wildlife population control, or control. → and certified (by an accredited state enforcement agency) state and federal wildlife biologists to possess firearm silencers for the purposes of wildlife disease or wildlife population control.

    This change clarifies the exemption regarding certified wildlife biologists by removing repetitive wording.

  • § 1444(c)(1)

    as used in this section “Shotgun” means a weapon designed → as used in this section means a weapon designed

    This change simplifies the definition of a 'shotgun' by removing unnecessary quotation marks.

  • § 1444(c)(2)

    as used in this section “Sawed-off shotgun” means a shotgun having 1 or more → as used in this section means a shotgun having 1 or more

    This change simplifies the definition of a 'sawed-off shotgun' by removing unnecessary quotation marks.

Action History

  1. Passed By House. Votes: 32 YES 7 NO 2 ABSENT

  2. Reported Out of Committee (Public Safety & Homeland Security) in House with 7 On Its Merits

  3. Introduced and Assigned to Public Safety & Homeland Security Committee in House

Sponsors

Sponsorship breakdown

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3 sponsors · 7 co-sponsors · 52 not signed on · 7 voted No

Sponsors (3)

Co-sponsors (7)

Not signed on (52)

52 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 32 Yea · 7 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18502
Democratic 5200
Republican 9000
Total 32702
% of votes cast 78%17%0%5%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Bryon H. Short — Yea
Charles Potter Jr. — Nay
David Bentz — Yea
Deborah Hudson — Yea
Earl G. Jaques Jr. — Nay
Gerald L. Brady — Yea
Harvey R. Kenton — Yea
Helene M. Keeley — Yea
James Johnson — Yea
John A. Kowalko — Nay
John J. Viola — Nay
John L. Mitchell — Yea
Joseph E. Miro — Yea
Melanie George Smith — Not Voting
Michael Mulrooney — Not Voting
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Ruth Briggs King — Yea
Sean Matthews — Nay
Stephen Smyk — Yea
Valerie Longhurst — Yea
William R. Outten — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Kimberly Williams Democratic Nay
Sean M. Lynn Democratic Nay
Stephanie T. Bolden Democratic Yea
Trey Paradee Democratic Yea
William J. Carson Democratic Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
David L. Wilson Republican Yea
Jeffrey N. Spiegelman Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does HB 124 do?
Importers, manufacturers and dealers of “destructive weapons” are licensed and regulated under Federal law. Under existing Delaware law, importers, manufacturers and dealers of destructive weapons are not permitted to deliver them to purchasers in Delaware who are otherwise permitted to own such weapons, such as military or police forces. This Bill will permit properly licensed importers, manufacturers and dealers to possess and store destructive weapons in this State and engage in activities associated with the sale and delivery of such weapons to (or from) qualified purchasers. All other changes made by this Act are technical corrections to conform the existing law to the guidelines of the Delaware Legislative Drafting Manual.
Who sponsors HB 124?
HB 124 is sponsored by Dave G. Lawson (Republican), Brian Pettyjohn (Republican), Richard G. Collins (Republican), Timothy D. Dukes (Republican), Jeffrey N. Spiegelman (Republican), David L. Wilson (Republican), William R. Outten, John L. Mitchell, Bruce C. Ennis, and Stephen Smyk.
What is the current status of HB 124?
This bill died with 149th General Assembly (2017-2018). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 124?
Track HB 124 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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