HB 366 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SAFE STORAGE OF FIREARMS.

Summary

This Act revises the crime of "unlawfully permitting a child access to a firearm," an existing class A misdemeanor under Delaware law. The offense is renamed "unsafe storage of a firearm" to place emphasis on firearm safety and proper storage. Under the revised statute, a crime is committed when a person intentionally or recklessly stores or leaves a loaded firearm where a minor or other person prohibited by law, or “unauthorized person,” can access the firearm, and the unauthorized person obtains the firearm. The unauthorized person’s use of the firearm to inflict serious physical injury or death is not an element of the offense, but is an aggravating factor. For the purposes of this offense, “stores and leaves” does not include when firearm is carried by or under the control of the owner or another lawfully-authorized user. Under this Act, the offense is a class B misdemeanor if there are no aggravating circumstances. If, however, the unauthorized person uses the firearm to commit a crime, uses the firearm to inflict serious physical injury or death upon anyone, or transfers the firearm to another unauthorized person, the offense is a class A misdemeanor. It is an affirmative defense that the person stored the firearm in a locked container, disabled it with a tamper-resistant trigger lock, or stored it in a location a reasonable person would have thought was safe from access by unauthorized persons. This Act provides an exception for firearms manufactured in or before 1899, or a replica to such firearms, if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

• Bill Text View text Current pdf

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

This bill renames and revises the existing offense of unlawfully permitting a minor access to a firearm, emphasizing safe storage practices and adjusting penalties based on the circumstances.

• § 1456

  Unlawfully permitting a minor access to a firearm → Unsafe storage of a firearm

  The title of the offense is changed to emphasize safe storage of firearms.

• § 1456(a)(1)

  a minor → an unauthorized person

  The definition of the offense broadens from just minors to any unauthorized person.

• § 1456(a)(1)

  where the minor → and where the unauthorized person

  Clarifies the conditions under which the offense occurs, removing the emphasis solely on minors.

• § 1456(b)

  It shall be is an affirmative defense → It is an affirmative defense

  Corrects the wording for affirmatives defenses.

• § 1456(b)(1)

  stored in a locked box or container container, disabled with a tamper-resistant trigger lock which was properly engaged so as to render the firearm inoperable by a person other than the owner or other lawfully-authorized user, or stored in a location which a reasonable person would have believed to be secure from access to a minor; → stored in a locked box or container, disabled with a tamper-resistant trigger lock which was properly engaged so as to render the firearm inoperable by a person other than the owner or other lawfully-authorized user, or stored in a location which a reasonable person would have believed to be secure from access by an unauthorized person;

  Modifies the language in the affirmative defense to clarify that it applies to unauthorized persons rather than just minors.

• § 1456(c)

  is a class A misdemeanor → is a class B misdemeanor

  Changes the baseline offense level from class A to class B misdemeanor if there are no aggravating circumstances.

• § 1456(c)(1)

  if paragraphs (c)(2)a., b., or c. of this section do not apply. → if the unauthorized person does any of the following:

  Rephrases the criteria for class A misdemeanor to make it more explicit.

• § 1456(c)(2)

  is a class A misdemeanor → is a class A misdemeanor if the unauthorized person does any of the following:

  Clarifies that specific actions by the unauthorized person elevate the offense to a class A misdemeanor.

• § 1456(c)(2)a.

  Commits or attempts to commit a crime with the firearm. → Commits or attempts to commit a crime with the firearm.

  No substantial change, but it formalizes the criteria for elevating the offense.

• § 1456(c)(2)b.

  Uses the firearm to inflict serious physical injury or death upon any person, including the unauthorized person. → Uses the firearm to inflict serious physical injury or death upon any person, including the unauthorized person.

  No substantial change, it formalizes an action that can elevate the offense.

• § 1456(c)(2)c.

  Transfers or attempts to transfer the firearm to another unauthorized person. → Transfers or attempts to transfer the firearm to another unauthorized person.

  No substantial change, formalizes the criteria for class A misdemeanor.

• § 1456(e)

  It is not an offense under this section if the firearm was manufactured in or before the year 1899, or is a replica of such firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition. → It is not an offense under this section if the firearm was manufactured in or before the year 1899, or is a replica of such firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.

  No substantial change, it maintains the existing exemption for certain firearms.

Action History

1. May 10, 2018

   Assigned to Judicial & Community Affairs Committee in Senate

2. May 08, 2018

   Passed By House. Votes: 21 YES 16 NO 4 ABSENT

3. May 08, 2018

   Amendment HA 2 to HB 366 - Defeated By House. Votes: 19 YES 20 NO 2 ABSENT

4. May 08, 2018

   Amendment HA 1 to HB 366 - Passed In House by Voice Vote

5. April 25, 2018

   Reported Out of Committee (Judiciary) in House with 3 Favorable, 6 On Its Merits

6. April 12, 2018

   Introduced and Assigned to Judiciary Committee in House

Sponsors

• Sean M. Lynn · Primary
• Bryan Townsend · Primary
• John A. Kowalko · Cosponsor
• Gerald L. Brady · Cosponsor
• Paul S. Baumbach · Cosponsor
• John L. Mitchell · Primary
• David Bentz · Primary

Votes

Subjects