Delaware 151st General Assembly (2021-2022) Status: Enacted 15 D cosponsors

HB 451 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FIREARMS.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced June 02, 2022. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 26 sponsors

    10 primary, 16 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (15 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

This bill makes a person under the age of 21 prohibited from purchasing, owning, possessing, or controlling a firearm or ammunition of a firearm except under limited circumstances. Those circumstances are if the person is 18 years of age or older and an active member of the Armed Forces, a qualified law-enforcement officer, or has a license to carry a concealed deadly weapon. The Act does not apply to shotguns and shotgun ammunition, muzzle-loading rifles, and deadly weapons other than firearms, thus allowing those persons who are 18 to 21 years of age to purchase, own, control or possess such deadly weapons. Persons under the age of 21 may possess or control a firearm for the purpose of engaging in lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of a person 21 year of age or older. This bill also makes changes to § 1445 of Title 11—Unlawfully dealing with a dangerous weapon to be consistent with the changes made to § 1448 of Title 11. In addition, the bill only criminalizes the control of a weapon which by compressed air or by spring discharges or projects a pellet, slug, or bullet by a person who is not a qualified law enforcement officer if such pellet, slug, or bullet is larger than .177 caliber shot.

Bill Text

What changed in the latest version

81 added · 7 removed

81 line(s) added, 7 removed.

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Previous
Latest
Gray & Rep.
Schwartzkopf & Sen.
D.
Sokola & Rep.
Short HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Longhurst & Rep.
3 TO HOUSE BILL NO.
Mitchell & Rep.
451 AMEND House Bill No.
Bolden & Rep.
451 on line 49 by inserting before the “.” the following:
Baumbach & Rep.
“or the National Guard”.
Dorsey Walker & Rep.
SYNOPSIS This amendment adds a member of the National Guard to the exemption.
Heffernan & Sen.
HR :
Townsend & Sen.
RTA :
Lockman Reps.
AFJ Page 1 of 1 Released:
Bentz, Chukwuocha, Cooke, Freel, Griffith, K.
06/14/2022 11:18 AM 0801510313
Johnson, Kowalko, Matthews, Minor-Brown, Morrison, Osienski, K.
Williams;
Sens.
Gay, S.
McBride, Paradee, Sturgeon HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE BILL NO.
451 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FIREARMS.
WHEREAS, in 1968, federal law established that a buyer must be at least 21 years old for all handgun purchases;
and WHEREAS, the federal government recognized over 50 years ago that it was reasonable to place a restriction on young people purchasing firearms for their safety and the safety of our communities;
and WHEREAS, there is conclusive scientific research that shows the human brain is still developing in young adults aged 18 to 21 which impacts their decision making, self-control, aggressive impulses, and risk-taking behaviors;
and WHEREAS, the Statistical Analysis Center’s Delaware Shootings reports for the previous 3 years shows that the most common age for shooters was between 18 to 21 which represents 33% of all shooters in 2020, 29% in 2019, and 32% in 2018;
and WHEREAS, the age to purchase any alcohol and tobacco products in Delaware is 21 years old.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Chapter 5, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline.
§ 1445 Unlawfully dealing with a dangerous weapon;
unclassified misdemeanor;
Class E or G felony.
(a) A person is guilty of unlawfully dealing with a dangerous weapon when:
(1) The person, who is not a qualified law-enforcement officer, has control of any of the following:
a.
A weapon which by compressed air or by spring discharges or projects a pellet, slug or bullet, except a BB or air gun which does not discharge or project a pellet or slug larger than a BB shot;
.177 caliber shot.
or b. A pellet, slug or bullet, intending that it be used in any weapon prohibited by paragraph (1)a.
of this section;
orsection .
HD :
NSW :
MAW Page 1 of 3 Released:
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Previous
Latest
06/02/2022 03:20 PM (2) The person sells, gives or otherwise transfers to a child under 16 years of age a BB or air gun or spear gun or BB shot, unless the person is that child's parent or guardian, or unless the person first receives the permission of said parent or guardian;
or guardian.
(3) Being a parent, the person permits the person's child under 16 years of age to have possession of a firearm or a BB or air gun or spear gun unless under the direct supervision of an adult;
a person over the age of 21.
or (4) The person sells, gives or otherwise transfers to a child person under 18 21 years of age a firearm or ammunition for a firearm, unless the person is that child's parent or guardian, or unless the person first receives the permission of said parent or guardian;
or permitted by § 1448.
(5) The person sells, gives or otherwise transfers a firearm to any person knowing that said person intends to commit any felony, class A misdemeanor or drug related criminal offense while in possession of said firearm.
(b) As used in this section, “qualified law-enforcement officer” means as defined in § 1441A of this title.
(c) Unlawfully dealing with a firearm or dangerous weapon is an unclassified misdemeanor, unless the person is convicted under paragraph (a)(4) of this section, in which case it is a class G felony, or unless the person is convicted under paragraph (5) of this section, in which case it is a class E felony.
§ 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:
(5) Any juvenile, person under the age of 21.
if the deadly weapon is a handgun, unless the juvenile possesses 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.
a.
Paragraph (a)(5) of this section shall not apply to the purchase, owning, possession, or control of the following deadly weapons:
1.
A shotgun as defined in § 1444(c) of this title or ammunition for a shotgun.
2.
A muzzle-loading rifle as defined in § 704(f) of Title 7.
3.
Deadly weapons other than firearms if the person is 18 years of age or older.
b.
Paragraph (a)(5) of this section shall not apply to any of the following persons 18 years of age or older:
1.
An active member of the Armed Forces of the United States.
2.
A qualified law-enforcement officer as defined in § 1441A of this title.
3.
A person who has license to carry a concealed deadly weapon pursuant to § 1441 of this title.
HD :
NSW :
MAW Page 2 of 3 Released:
06/02/2022 03:20 PM c.
Paragraph (a)(5) of this section shall not apply to any person under the age of 21 who possesses or controls a firearm for the purpose of engaging in lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of a person 21 years of age or older.
SYNOPSIS This bill makes a person under the age of 21 prohibited from purchasing, owning, possessing, or controlling a firearm or ammunition of a firearm except under limited circumstances.
Those circumstances are if the person is 18 years of age or older and an active member of the Armed Forces, a qualified law-enforcement officer, or has a license to carry a concealed deadly weapon.
The Act does not apply to shotguns and shotgun ammunition, muzzle-loading rifles, and deadly weapons other than firearms, thus allowing those persons who are 18 to 21 years of age to purchase, own, control or possess such deadly weapons.
Persons under the age of 21 may possess or control a firearm for the purpose of engaging in lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of a person 21 year of age or older.
This bill also makes changes to § 1445 of Title 11—Unlawfully dealing with a dangerous weapon to be consistent with the changes made to § 1448 of Title 11.
In addition, the bill only criminalizes the control of a weapon which by compressed air or by spring discharges or projects a pellet, slug, or bullet by a person who is not a qualified law enforcement officer if such pellet, slug, or bullet is larger than .177 caliber shot.
HD :
NSW :
MAW Page 3 of 3 Released:
06/02/2022 03:20 PM 2141510719
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Action History

  1. Signed by Governor

  2. Passed By House. Votes: 24 YES 15 NO 2 ABSENT

  3. Passed By Senate. Votes: 14 YES 7 NO

  4. Amendment SA 2 to HB 451 - Passed By Senate. Votes: 21 YES

  5. Amendment SA 1 to HB 451 - Defeated By Senate. Votes: 7 YES 13 NO 1 NOT VOTING

  6. Amendment SA 2 to HB 451 - Introduced and Placed With Bill

  7. Amendment SA 1 to HB 451 - Introduced and Placed With Bill

  8. Lifted From Table in Senate

  9. Laid On Table in Senate

  10. Reported Out of Committee (Executive) in Senate with 4 On Its Merits

  11. Assigned to Executive Committee in Senate

  12. Passed By House. Votes: 27 YES 13 NO 1 ABSENT

  13. Amendment HA 8 to HB 451 - Passed In House by Voice Vote

  14. Amendment HA 7 to HB 451 - Defeated In House by Voice Vote

  15. Amendment HA 6 to HB 451 - Passed In House by Voice Vote

  16. Amendment HA 5 to HB 451 - Defeated By House. Votes: 17 YES 23 NO 1 NOT VOTING

  17. Amendment HA 4 to HB 451 - Defeated By House. Votes: 17 YES 23 NO 1 NOT VOTING

  18. Amendment HA 3 to HB 451 - Passed In House by Voice Vote

  19. Amendment HA 2 to HB 451 - Defeated By House. Votes: 18 YES 22 NO 1 ABSENT

  20. Amendment HA 1 to HB 451 - Stricken in House

  21. Amendment HA 8 to HB 451 - Introduced and Placed With Bill

  22. Amendment HA 7 to HB 451 - Introduced and Placed With Bill

  23. Amendment HA 6 to HB 451 - Introduced and Placed With Bill

  24. Amendment HA 5 to HB 451 - Introduced and Placed With Bill

  25. Amendment HA 4 to HB 451 - Introduced and Placed With Bill

  26. Amendment HA 2 to HB 451 - Introduced and Placed With Bill

  27. Amendment HA 1 to HB 451 - Introduced and Placed With Bill

  28. Amendment HA 3 to HB 451 - Introduced and Placed With Bill

  29. Reported Out of Committee (Administration) in House with 3 Favorable

  30. Introduced and Assigned to Administration Committee in House

Sponsors

Sponsorship breakdown

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10 sponsors · 16 co-sponsors · 36 not signed on · 15 voted No

Sponsors (10)

Co-sponsors (16)

Not signed on (36)

36 members have not signed on to this bill.

Show all 36 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 24 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 21000
Unaffiliated 9301
Democratic 13201
Total 241502
% of votes cast 59%37%0%5%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Charles "Bud" M. Freel — Yea
David Bentz — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Nay
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Nay
Sean Matthews — Not Voting
Sherry Dorsey Walker — Yea
Stephen Smyk — Nay
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Not Voting
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Nay
William J. Carson Democratic Nay
Bryan W. Shupe Republican Nay
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Nay
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Yea
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Nay

Official roll call →

SM

Passed 27 Yea · 13 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10201
Democratic 15100
Republican 21000
Total 271301
% of votes cast 66%32%0%2%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Charles "Bud" M. Freel — Yea
David Bentz — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Not Voting
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Nay
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Nay
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Nay
Bryan W. Shupe Republican Nay
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Nay
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Yea
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Nay

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 451 do?
This bill makes a person under the age of 21 prohibited from purchasing, owning, possessing, or controlling a firearm or ammunition of a firearm except under limited circumstances. Those circumstances are if the person is 18 years of age or older and an active member of the Armed Forces, a qualified law-enforcement officer, or has a license to carry a concealed deadly weapon. The Act does not apply to shotguns and shotgun ammunition, muzzle-loading rifles, and deadly weapons other than firearms, thus allowing those persons who are 18 to 21 years of age to purchase, own, control or possess such deadly weapons. Persons under the age of 21 may possess or control a firearm for the purpose of engaging in lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of a person 21 year of age or older. This bill also makes changes to § 1445 of Title 11—Unlawfully dealing with a dangerous weapon to be consistent with the changes made to § 1448 of Title 11. In addition, the bill only criminalizes the control of a weapon which by compressed air or by spring discharges or projects a pellet, slug, or bullet by a person who is not a qualified law enforcement officer if such pellet, slug, or bullet is larger than .177 caliber shot.
Who sponsors HB 451?
HB 451 is sponsored by David P. Sokola (Democratic), Bryan Townsend (Democratic), S. Elizabeth Lockman (Democratic), Kyle Evans Gay, Debra Heffernan (Democratic), Trey Paradee (Democratic), Laura V. Sturgeon (Democratic), Nnamdi O. Chukwuocha (Democratic), Franklin D. Cooke (Democratic), Krista Griffith (Democratic), Kendra Johnson (Democratic), Melissa Minor-Brown (Democratic), Eric Morrison (Democratic), Edward S. Osienski (Democratic), Kimberly Williams (Democratic), Sean Matthews, John A. Kowalko, Charles "Bud" M. Freel, David Bentz, Sarah McBride, Sherry Dorsey Walker, Paul S. Baumbach, John L. Mitchell, Peter C. Schwartzkopf, Stephanie T. Bolden (Democratic), and Valerie Longhurst.
What is the current status of HB 451?
This bill has been enacted into law. Introduced June 02, 2022. Enacted.
Where can I track HB 451?
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