HB 63 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SAFE STORAGE OF FIREARMS.

Rep.Sen.

LynnTownsend & Rep.Sen.

BentzParadee & Sen.

SturgeonSokola & Sen.

TownsendMcDowell Reps.& Sen.

Baumbach,Lockman Bolden,& Brady,Sen. Chukwuocha, Cooke, Dorsey Walker, Griffith, K.

Johnson,Ennis Kowalko,& Longhurst,Sen. Minor-Brown, Osienski, Seigfried HOUSE OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE BILL NO.

63Delcollo AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODESTATE RELATINGSENATE TO150th SAFEGENERAL STORAGEASSEMBLY OFSENATE FIREARMS.AMENDMENT NO.

BE2 ITTO ENACTEDHOUSE BYBILL THENO. GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section63 1.AMEND House Bill No.

Amend63 § 1456, Title 11 of the Delaware Code by makingdeleting deletionslines as6 shownand by7 strikein throughtheir entirety and insertionsinserting asin shownlieu bythereof underlinethe asfollowing: follows:

§“person, 1456.and where the minor the unauthorized person obtains the firearm and uses it to inflict serious physical injury or death upon the minor or any other person.

Unlawfullyfirearm, permittingand aall minorof accessthe tofollowing ado firearmapply: Unsafe storage of a firearm;

class A or B misdemeanor.

(a)(1) A person is guilty of unlawfully permitting a minor access to unsafe storage of a firearm when the person intentionally or recklessly stores or leaves a loaded firearm within the reach or easy access of a minor an unauthorized person and where the minor the unauthorized person obtains the firearm and uses it to inflict serious physical injury or death upon the minor or any other person.

(2) For the purposes of this section:

“UnauthorizedThe person”firearm meanswas anot childstored orin persona prohibitedlocked bybox state or federalcontainer. law from owning or possessing a firearm.

“StoresThe orfirearm leaves”was does not meandisabled whenwith thea firearmtamper-resistant istrigger carriedlock bywhich orwas underproperly engaged so as to render the controlfirearm ofinoperable by a person other than the owner or other lawfully-authorized user.

(b) It shall be is an affirmative defense to a prosecution under this section if any of the following circumstances exist:

(1) The firearm was 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;

or by an unauthorized person.

(2) The minor obtains unauthorized person obtained the firearm as the result of an unlawful entry by any person;

or person.

(3) The serious physical injuries or death to the minor or any other person results from a target or sport shooting accident or hunting accident.

LC :

HVW :

CM Page 1 of 2 Released:

02/27/2019 01:47 PM (c)(1) Unlawfully permitting a minor access to a firearm Unsafe storage of a firearm is a class A misdemeanor B misdemeanor if paragraphs (c)(2)a., b., or c.

of this section do not apply.

(2) Unsafe storage of a firearm is a class A misdemeanor if the unauthorized person does any of the following:

a.

Commits or attempts to commit a crime with the firearm.

b.

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

TransfersThe orfirearm attemptswas tonot transferstored thein firearma location that a reasonable person would have believed to anotherbe secure from access by an unauthorized person.

(d)d. The Superior Court has jurisdiction over an offense under this section.

(e)The Itunauthorized isperson did not anobtain offense under this section if the firearm wasas manufactured in or before the yearresult 1899 or is a replica of suchan firearmunlawful ifentry theby replicaany isperson.”. not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.

SYNOPSISFURTHER ThisAMEND ActHouse revisesBill theNo. crime of "unlawfully permitting a child access to a firearm," an existing class A misdemeanor under Delaware law.

The63 offenseby isdeleting renamedlines "unsafe13 storagethrough of22 ain firearm"their toentirety placeand emphasisinserting onin firearmlieu safetythereof andthe properfollowing: storage.

Under“(b) theIt revisedshall statute,be aan crimeaffirmative isdefense committedto when a personprosecution intentionallyunder orthis recklesslysection storesif: 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.