Delaware 149th General Assembly (2017-2018) Status: In Committee Bipartisan · 2 D · 1 R cosponsors

HB 234 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION OF DEADLY WEAPONS.

Last action — Tabled in Committee

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  1. ✓
    Introduced
  2. 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 “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

This act clarifies that the felony of Possession of a Deadly Weapon by a Person Prohibited shall not apply to persons who are prohibited from possessing a deadly weapon solely by their possession of a personal use quantity of marijuana, when such possession qualifies as a civil penalty under Title 16. This bill addresses the legal issue in State v. Murray (Del. Super. 2017).

Bill Text

How this bill changes current law

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The bill clarifies that possession of a personal use quantity of marijuana does not constitute a prohibition on possessing a deadly weapon.

  • § 1448, Title 11

    Any person, if the deadly weapon is a semi-automatic or automatic firearm, or a handgun, who, at the same time, possesses a controlled substance in violation of § 4763, or § 4764 of Title 16., except that this paragraph → Any person, if the deadly weapon is a semi-automatic or automatic firearm, or a handgun, who, at the same time, possesses a controlled substance in violation of § 4763, or § 4764 of Title 16, except that this paragraph shall not apply if the controlled substance is: a. a personal use quantity of marijuana as defined in § 4701 of Title 16; b. is not possessed in a public place or motor vehicle; and c. qualifies as a civil penalty under § 4764 of Title 16.

    This change specifies that persons possessing a personal use quantity of marijuana are not considered prohibited from possessing deadly weapons.

Action History

  1. Tabled in Committee

  2. Introduced and Assigned to Judiciary Committee in House

Sponsors

Sponsorship breakdown

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3 sponsors · 4 co-sponsors · 55 not signed on

Sponsors (3)

Co-sponsors (4)

Not signed on (55)

55 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.

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Subjects

public-safety civil-rights
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Frequently asked questions

What does HB 234 do?
This act clarifies that the felony of Possession of a Deadly Weapon by a Person Prohibited shall not apply to persons who are prohibited from possessing a deadly weapon solely by their possession of a personal use quantity of marijuana, when such possession qualifies as a civil penalty under Title 16. This bill addresses the legal issue in State v. Murray (Del. Super. 2017).
Who sponsors HB 234?
HB 234 is sponsored by Brian Pettyjohn (Republican), Bryan Townsend (Democratic), Trey Paradee (Democratic), Paul S. Baumbach, Helene M. Keeley, Bruce C. Ennis, and Stephen Smyk.
What is the current status of HB 234?
This bill died with 149th General Assembly (2017-2018). It reached “In Committee” 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 234?
Track HB 234 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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