SB 6 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS.

2(3) byA addinglaw-enforcement afterofficer. line 29 and before line 30 the following:

HD(4) :A qualified retired law-enforcement officer.

NSW(5) :An individual who holds a valid concealed carry permit issued by the Superior Court under § 1441 of this title.

MAW(6) PageA 1licensed firearms dealer that sells a large-capacity magazine to another licensed firearms dealer or to an individual exempt under paragraphs (c)(1) through (5) of 2this Released:section.

06/16/2022(d)(1)TheSecretaryoftheDepartmentofSafetyandHomelandSecurity(“Secretary”)shallestablishandadminister 01:55a PMcompensation “(7)program Afor large-capacityresidents magazineof thatthis State to allow a personresident hasin renderedpossession permanentlyof inoperablea orlarge-capacity hasmagazine permanentlyon modified[the effective date of this Act] to acceptrelinquish 17the roundslarge-capacity magazine to the Department of ammunitionSafety and Homeland Security (“Department”) or less.”a FURTHERparticipating AMENDlocal Senatelaw-enforcement Substituteagency No.in exchange for a monetary payment established under this subsection.

1(2) forThe SenateSecretary Billshall No.adopt rules to implement the compensation program, including the following:

6a. as Amended by Senate Amendment No.

1,That Housethe Amendmentcompensation No.program be implemented between [the effective date of this Act] and June 30, 2023, at locations throughout this State.

1,The andDepartment Houseshall Amendmentcoordinate No.with local law-enforcement agencies in implementing the program.

2b. by deleting lines 40 and 41 in their entirety and inserting in lieu thereof the following:

“Department,That the compensation program allows a resident to relinquish a large-capacity magazine to the Department, or a local law-enforcement agency participating in the program, in exchange for a compensation in the amount of the$10 market rate for each large-capacity magazine.”.magazine.

SYNOPSISc. This amendment changes the penalty for a first-time violation involving only possession of a large-capacity magazine to a civil violation involving a $100 fee, and a second violation involving only possession, is a class B misdemeanor.

AllThat otherestablishes violations,the includingmethod afor subsequentproviding offensethe formonetary possessionpayment ofand reimbursing a large-capacityparticipating magazine,law- remainenforcement aagency classfor Epayments felony.made to residents under the compensation program.

Thisd. amendment also clarifies that the presence of a removable floor plate in an ammunition feeding device that is not capable of accepting more than 17 rounds of ammunition is not, without more, sufficient evidence that the ammunition feeding device can readily be converted to hold more than 17 rounds of ammunition.

ThisThat amendmentthe alsocompensation clarifiesprogram that it is notsubject ato violationthe ofavailability § 1466 of Titlefunds 11appropriated iffor athis residentspecific renderspurpose aby large-capacity magazine permanently inoperable or permanently modifies the magazineGeneral toAssembly. accept 17 rounds of ammunition or less.

Finally,This thissubsection amendmentdoes changesnot thecreate compensationa programright fromor $10entitlement forin eacha large-capacityresident magazine to thereceive marketa ratemonetary forpayment eachunder large-capacitythe magazine.compensation program.

HDPage 2 of 3 LC :

NSWMJC :

MAWCM PageDraft: 2 of 2 Released:

06/16/202206/04/2022 01:5506:33 PMAM 2141510768(3) The Secretary shall submit a report to the General Assembly by December 29, 2023, providing the results of the compensation program, including the number of large-capacity magazines relinquished to law-enforcement agencies, by county, and the total amount expended under the program.

§ 1467.

Possession of a large-capacity magazine during the commission of a felony;

class B felony.

(a) It is unlawful for a person to possess a large-capacity magazine during the commission of a felony.

(b) Possession of a large-capacity magazine during the commission of a felony is a class B felony.

(c) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person possessed the large-capacity magazine is a lesser included felony of the one originally charged.

§§ 1468-1469.

[RESERVED].

Section 2.

The sum of $45,000 is appropriated from the General Fund in Fiscal Year 2023 for the purpose of providing compensation for the purchase of large-capacity magazines by the Department of Safety and Homeland Security under Section 1 of this Act.

Section 3.

If any provision of this Act or the application of this Act to any person or circumstance is held invalid, the provisions of this Act are severable if the invalidity does not affect the other provisions or applications of the Act which can be given effect without the invalid provision or application.

Section 4.

This Act is to be known as the “Delaware Large-Capacity Magazine Prohibition Act of 2022.” Section 5.

This Act takes effect 60 days after its enactment into law.

Section 6.

Section § 1466(d) of Title 11, as contained in Section 1 of this Act, expires on January 1, 2024.

SYNOPSIS This Substitute Act creates the Delaware Large-Capacity Magazine Prohibition Act of 2022, which does the following:

(1) Includes a clear definition for the term “large-capacity magazine” as an ammunition feeding device with a capacity to accept more than 17 rounds of ammunition.

(2) Prohibits the manufacture, sale, offer for sale, purchase, receipt, transfer, or possession of a large-capacity magazine.

Violation of this prohibition is a class E felony.

(3) Prohibits the possession of a large-capacity magazine during the commission of a felony.

Violation of this prohibition is a class B felony.

This Substitute Act also establishes a buyback program for large-capacity magazines, to be overseen by the Department of Safety and Homeland Security.

Author:

Senator Sokola Page 3 of 3 LC :

MJC :

CM Draft:

06/04/2022 06:33 AM 4801510194