HB 124 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION OR PURCHASE OF DEADLY WEAPONS BY PERSONS PROHIBITED.

Griffith HOUSE& OFRep. REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Bolden TO& HOUSERep. BILL NO.

124Heffernan AMEND& HouseRep. Bill No.

124Longhurst on& lineSen. 20 by deleting “or has reason to know” as it appears therein.

FURTHERSturgeon AMENDReps. House Bill No.

124Baumbach, onBentz, lineBrady, 39Dorsey byWalker, deletingK. “or has reason to know” as it appears therein.

FURTHERJohnson, AMENDKowalko, HouseLambert, BillLynn, No.Matthews, Minor- Brown, Morrison, K.

124Williams; on line 40 by inserting the following between “warrant” and “, or an active indictment” :

“orSens. post-arrest charges”.

SYNOPSISEnnis, ThisHansen, AmendmentS. amends HB 124 by specifying that a person know, not just have a reason to know, that the person is subject to a Family Court protection from abuse order before the person becomes a person prohibited from purchasing, owning, possessing or controlling a deadly weapon.

ItMcBride, alsoSokola, specifiesTownsend thatHOUSE aOF personREPRESENTATIVES know151st thatGENERAL theASSEMBLY personHOUSE isBILL theNO. subject of an active arrest warrant or post-arrest charges, indictment or information before the person becomes a person prohibited from purchasing a firearm.

124 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION OR PURCHASE OF DEADLY WEAPONS BY PERSONS PROHIBITED.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.

Amend § 1448(a), Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1448.

Possession and purchase of deadly weapons by persons prohibited;

penalties.

(a) Except as otherwise provided in this section, the following persons are prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm within the State:

(1) Any person having who has been convicted in this State or elsewhere other jurisdiction of a felony or a crime of violence involving physical injury to another person, whether or not armed with or having in possession while possessing any weapon during the commission of such the felony or crime of violence;

violence.

(3) Any person who has been convicted for the unlawful use, possession or sale of a narcotic, dangerous drug or central nervous system depressant or stimulant as those terms were defined prior to the effective date of the Uniform Controlled Substances Act in June 1973 or of a narcotic drug or controlled substance as defined in Chapter 47 of Title 16;

Title 16.

(4) Any person who, as a juvenile, has been adjudicated as delinquent for conduct which, if committed by an adult, would constitute a felony, unless and until that person has reached their twenty-fifth birthday;

reaches the age of 25.

(5) Any juvenile, if said the deadly weapon is a handgun, unless said the juvenile possesses said the handgun for the purpose of engaging in lawful hunting, instruction, sporting or recreational activity while under the direct or indirect supervision of an adult.

For the purpose of this subsection, a “handgun” shall be defined as any pistol, revolver or other firearm designed to be readily capable of being fired when held in 1 hand;

hand.

(6) Any person who knows or has reason to know that the person is subject to a Family Court protection from abuse order (other than an ex parte order), but only for so long as that the order remains in effect or is not vacated or HD :

KK :

MAW Page 1 of 2 Released:

03/18/2021 12:02 PM otherwise terminated, except that this paragraph shall not apply to a contested order issued solely upon § 1041(1)d., e., or h.

of Title 10, or any combination thereof;

thereof.

(7) Any person who has been convicted in any court of any misdemeanor crime of domestic violence.

For purposes of this paragraph, the term “misdemeanor crime of domestic violence” means any misdemeanor offense that:

a.

Was committed by a member of the victim’s family, as “family” is defined in § 901 of Title 10 (regardless, however, of the state of residence of the parties);

by a former spouse of the victim;

by a person who cohabited with the victim at the time of or within 3 years prior to the offense;