SB 8 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DESTRUCTIVE WEAPONS.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced June 09, 2022. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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18 sponsors
7 primary, 11 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (10 D).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
This Act defines machine gun as it is defined under federal law. Defining machine gun makes clear the types of weapons prohibited under Delaware law, including an auto sear, or “glock switch”, which transforms a semiautomatic gun into a machine gun. Additionally, this Act prohibits a person from making a destructive weapon, including a machine gun. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Bill Text
What changed in the latest version
67 added · 20 removed67 line(s) added, 20 removed.
Sokola DELAWARE& STATESen. SENATE 151st GENERAL ASSEMBLY SENATE AMENDMENT NO.
1Townsend TO& SENATESen. BILL NO.
8Lockman AMEND& SenateRep. Bill No.
8Osienski by& deletingRep. lines 11 through 16 in their entirety and inserting in lieu thereof the following:
“(6)Schwartzkopf A& bumpRep. stock or stock, trigger crank crank, or rapid fire device.
Longhurst & Rep.
Mitchell Sens.
Gay, S.
McBride, Paradee, Pinkney, Sturgeon;
Reps.
Baumbach, Heffernan, Kowalko, Lynn, Matthews, Minor-Brown DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE BILL NO.
8 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DESTRUCTIVE WEAPONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend § 1444, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1444.
Possessing a destructive weapon;
class E felony.
(a) A person is guilty of possessing a destructive weapon when the person makes, sells, transfers, buys, receives receives, or has possession of any of the following:
(1) A bomb.
(2) A bombshell.
(3) A firearm silencer.
(4) A sawed-off shotgun.
(5) A machine gun or any other firearm or weapon which is adaptable for use as a machine gun.
(6) A bump stock or trigger crank device.
“Rapid“Trigger firecrank” device” means aan part,after-market kit, tool, accessory, or device thatdesigned increasesand theintended rateto ofbe fireadded ofto a semi-semi-automatic automaticrifle firearmas to a fastercrank rateoperated thantrigger isactuator possiblecapable forof atriggering personmultiple toshots firewith thea semi-automaticsingle firearmrotation unassistedof by the part,crank. kit, tool, accessory, or device.
(b)(1) Possessing a destructive weapon listed in paragraphs (a)(1) through (a)(5) of this section is a class E felony.
This section does not apply to members of the military forces or to members of a police force in this State duly authorized to carry a weapon of the type described;
nor shall the provisions contained herein apply to authorized and certified (by an accredited state enforcement agency) state and federal wildlife biologists possessing firearm silencers for the purposes of wildlife disease or wildlife population control, or persons possessing machine guns for scientific or experimental research LC :
MJC :
CM Page 1 of 3 Released:
06/09/2022 10:59 AM and development purposes, which machine guns have been duly registered under the National Firearms Act of 1968 (26 U.S.C.
§ 5801 et seq.).
(2) A person who is convicted of only having possession of a destructive weapon listed under paragraph (a)(6) of this section commits the following:
a.
A class B misdemeanor for a first offense.
c.A class E felony for a second or subsequent offense.
“Trigger(c) crank”For meanspurposes an after-market device designed and intended to be added to a semi- automatic rifle as a crank operated trigger actuator capable of triggeringthis multiplesection: shots with a single rotation of the crank.”.
SYNOPSIS(1)a. This Amendment prohibits the manufacture, sale, transfer, purchase, or receipt of a rapid fire device, such as binary triggers, and defines a rapid fire device as a part, kit, tool, accessory, or device that increases the rate of fire of a semi-automatic firearm to a faster rate than is possible for a person to fire unassisted.
“Machine gun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.
Show all 56 changed lines (16 more)
b.
“Machine gun” includes the frame or receiver of a machine gun, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person.
(2) The term “shotgun” as used in this section “Shotgun” means a weapon designed or redesigned, made made, or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger.
(3) The term “sawed-off shotgun” as used in this section “Sawed-off shotgun” means a shotgun having 1 or more barrels less than 18 inches in length or any weapon made from a shotgun (whether by alteration, modification modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.
(d) The Superior Court has exclusive jurisdiction over offenses under this section.
(e)(1) Any destructive weapon as defined in paragraph (a)(6) of this section shall be relinquished to a law- enforcement agency of this State and may be destroyed by the law-enforcement agency 30 days after relinquishment.
(2) Relinquishment to a law-enforcement agency is not a transfer or evidence of possession under paragraph (a)(6) of this section.
(f) [Repealed.] SYNOPSIS This Act defines machine gun as it is defined under federal law.
Defining machine gun makes clear the types of weapons prohibited under Delaware law, including an auto sear, or “glock switch”, which transforms a semiautomatic gun into a machine gun.
Additionally, this Act prohibits a person from making a destructive weapon, including a machine gun.
LC :
MJC :
CM Page 2 of 3 Released:
06/09/2022 10:59 AM Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
CM Page 13 of 13 Released:
06/16/202206/09/2022 02:5510:59 PMAM 48015102054801510195
Show all 56 changed rows (16 more)
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill amends existing law to prohibit and define the terms related to rapid fire devices and bump stocks.
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lines 11 through 16 in their entirety→ (6) A bump stock or stock, trigger crank crank, or rapid fire device. a. “Bump stock” means an after-market device that increases the rate of fire achievable with a semi- automatic rifle by using energy from the recoil of the weapon to generate a reciprocating action that facilitates repeated activation of the trigger. b. “Rapid fire device” means a part, kit, tool, accessory, or device that increases the rate of fire of a semi- automatic firearm to a rate of fire that mimics the rate of fire of a machine gun. b. c. “Trigger crank” means an after-market device designed and intended to be added to a semi- automatic rifle as a crank operated trigger actuator capable of triggering multiple shots with a single rotation of the crank.This change provides definitions for bump stocks, rapid fire devices, and trigger cranks, making them part of the law.
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Senate Amendment No. 1 in its entiretyThis change removes a previous amendment from the bill.
Action History
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Signed by Governor
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Passed By Senate. Votes: 13 YES 8 NO
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Passed By House. Votes: 32 YES 8 NO 1 ABSENT
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Amendment HA 1 to SB 8 - Passed In House by Voice Vote
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Reported Out of Committee (Administration) in House with 5 On Its Merits
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Assigned to Administration Committee in House
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Passed By Senate. Votes: 13 YES 8 NO
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Amendment SA 1 to SB 8 - Passed By Senate. Votes: 14 YES 7 NO
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Amendment SA 1 to SB 8 - Introduced and Placed With Bill
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Reported Out of Committee (Executive) in Senate with 2 Favorable, 2 On Its Merits
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Introduced and Assigned to Executive Committee in Senate
Sponsors
- Kyle Evans Gay · Cosponsor
- David P. Sokola · Primary
- Bryan Townsend · Primary
- S. Elizabeth Lockman · Primary
- Edward S. Osienski · Primary
- Trey Paradee · Cosponsor
- Marie Pinkney · Cosponsor
- Laura V. Sturgeon · Cosponsor
- Debra Heffernan · Cosponsor
- Sean M. Lynn · Cosponsor
- Melissa Minor-Brown · Cosponsor
- Sean Matthews · Cosponsor
- John A. Kowalko · Cosponsor
- Paul S. Baumbach · Cosponsor
- Sarah McBride · Cosponsor
- John L. Mitchell · Primary
- Valerie Longhurst · Primary
- Peter C. Schwartzkopf · Primary
Sponsorship breakdown
Export CSV (upgrade) →7 sponsors · 11 co-sponsors · 44 not signed on · 16 voted No
Sponsors (7)
- David P. Sokola Democratic
- Bryan Townsend Democratic
- S. Elizabeth Lockman Democratic
- Edward S. Osienski Democratic
- John L. Mitchell
- Valerie Longhurst
- Peter C. Schwartzkopf
Co-sponsors (11)
- Kyle Evans Gay
- Trey Paradee Democratic
- Marie Pinkney Democratic
- Laura V. Sturgeon Democratic
- Debra Heffernan Democratic
- Sean M. Lynn Democratic
- Melissa Minor-Brown Democratic
- Sean Matthews
- John A. Kowalko
- Paul S. Baumbach
- Sarah McBride
Not signed on (44)
44 members have not signed on to this bill.
Show all 44 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 3 | 0 | 0 |
| Democratic | 11 | 0 | 0 | 0 |
| Republican | 0 | 5 | 0 | 0 |
| Total | 13 | 8 | 0 | 0 |
| % of votes cast | 62% | 38% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bruce C. Ennis | — | Nay |
| Colin Bonini | — | Nay |
| Ernesto B Lopez | — | Nay |
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Nay |
| Bryant L. Richardson | Republican | Nay |
| Dave G. Lawson | Republican | Nay |
| David L. Wilson | Republican | Nay |
| Gerald W. Hocker | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 15 | 0 | 0 | 1 |
| Unaffiliated | 12 | 1 | 0 | 0 |
| Republican | 5 | 7 | 0 | 0 |
| Total | 32 | 8 | 0 | 1 |
| % of votes cast | 78% | 20% | 0% | 2% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 3 | 0 | 0 |
| Democratic | 11 | 0 | 0 | 0 |
| Republican | 0 | 5 | 0 | 0 |
| Total | 13 | 8 | 0 | 0 |
| % of votes cast | 62% | 38% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bruce C. Ennis | — | Nay |
| Colin Bonini | — | Nay |
| Ernesto B Lopez | — | Nay |
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Nay |
| Bryant L. Richardson | Republican | Nay |
| Dave G. Lawson | Republican | Nay |
| David L. Wilson | Republican | Nay |
| Gerald W. Hocker | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 8 do?
- This Act defines machine gun as it is defined under federal law. Defining machine gun makes clear the types of weapons prohibited under Delaware law, including an auto sear, or “glock switch”, which transforms a semiautomatic gun into a machine gun. Additionally, this Act prohibits a person from making a destructive weapon, including a machine gun. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
- Who sponsors SB 8?
- SB 8 is sponsored by Kyle Evans Gay, David P. Sokola (Democratic), Bryan Townsend (Democratic), S. Elizabeth Lockman (Democratic), Edward S. Osienski (Democratic), Trey Paradee (Democratic), Marie Pinkney (Democratic), Laura V. Sturgeon (Democratic), Debra Heffernan (Democratic), Sean M. Lynn (Democratic), Melissa Minor-Brown (Democratic), Sean Matthews, John A. Kowalko, Paul S. Baumbach, Sarah McBride, John L. Mitchell, Valerie Longhurst, and Peter C. Schwartzkopf.
- What is the current status of SB 8?
- This bill has been enacted into law. Introduced June 09, 2022. Enacted.
- Where can I track SB 8?
- Track SB 8 free on One Click Politics — get push/email alerts when it moves.
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