Delaware 152nd General Assembly (2023-2024) Status: Enacted 6 D cosponsors

HB 155 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING DEADLY WEAPONS AND DANGEROUS INSTRUMENTS.

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 May 12, 2023. Enacted.

Odds of enactment

High chance

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

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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.

  • 10 sponsors

    10 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 D).

  • Cleared a recorded vote

    Passed 4 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 the unsafe storage of a firearm in a vehicle a class A misdemeanor if the person knowingly leaves a firearm unattended in a vehicle and the firearm is not stored in a locked box or container, a firearms rack that is on the motor vehicle, or locked in the trunk. This bill also provides that compliance with unsafe storage of a firearm in a vehicle is a defense to carrying a concealed deadly weapon.

Bill Text

What changed in the latest version

62 added · 27 removed

62 line(s) added, 27 removed.

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Previous
Latest
Griffith HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Griffith & Rep.
3 TO HOUSE BILL NO.
Baumbach & Rep.
155 AMEND House Bill No.
Dorsey Walker & Rep.
155 by adding after line 30 and before line 31 the following:
Bush & Sen.
“c.
Sokola Reps.
“Locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device that when properly engaged to render the firearm inaccessible by any individual other than the owner or an authorized person.
Bolden, Heffernan, Longhurst;
“Locked container” does not include the glove compartment of a motor vehicle.”.
Sens.
FURTHER AMEND House Bill No.
Gay, Hansen HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE BILL NO.
155 by deleting line 43 in its entirety and inserting in lieu thereof the following and redesignating accordingly:
155 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING DEADLY WEAPONS AND DANGEROUS INSTRUMENTS.
“(d)(1) Unsafe storage of a firearm in a vehicle under subsection (b) of this section is a class B misdemeanor if paragraphs (d)(2) a.,b., or c.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Part E, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1442.
Carrying a concealed deadly weapon;
class G felony;
class D felony.
(a) A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.
(b) Carrying a concealed deadly weapon is a class G felony, unless the deadly weapon is a firearm, in which case it is a class D felony.
(c) It shall be a defense that the defendant has been issued an otherwise valid license to carry a concealed deadly weapon pursuant to terms of § 1441 of this title, where:
(1) The license has expired, (2) The person had applied for renewal of said license within the allotted time frame prior to expiration of the license, and (3) The offense is alleged to have occurred while the application for renewal of said license was pending before the court.
(d) It shall be a defense that the defendant complied with § 1456(b).
§ 1456.
Unsafe storage of a firearm;
class A or B misdemeanor.
(a) (1) A person is guilty of unsafe storage of a firearm when the person intentionally or recklessly stores or leaves a loaded firearm in a place other than a vehicle within the reach or easy access of an unauthorized person, the unauthorized person obtains the firearm, and all of the following do apply applies:
a.
The firearm was not stored in a locked box or container.
b.
The firearm was not 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.
c.
The firearm was not stored in a location that a reasonable person would have believed to be secure from access by an unauthorized person.
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NSW :
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The unauthorized person did not obtain the firearm as the result of an unlawful entry by any person.
(2) For the purposes of this section:
a.
“Stores or leaves” does not mean when the firearm is carried by or under the control of the owner or other lawfully-authorized user.
b.
Show all 59 changed rows (19 more)
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Latest
“Unauthorized person” means a child or person prohibited by state or federal law from owning or possessing a firearm.
(b) [Repealed.] A person is guilty of unsafe storage of a firearm in a vehicle when the person knowingly leaves a firearm unattended in a vehicle, and the firearm is not stored in any of the following:
(1) A locked box or container.
(2) A locked firearms rack that is on a motor vehicle.
(3) Locked in the trunk of the vehicle.
(c) (1) Unsafe storage of a firearm is a class B misdemeanor if paragraphs (c)(2)a., b., or c.
(2) Unsafe storage of a firearm in a vehicle is a class A misdemeanor if the person does any of the following with a firearm:
(2) Unsafe storage of a firearm is a class A misdemeanor if the unauthorized person does any of the following:
Uses the firearm to inflict serious physical injury or death upon any person.
Uses the firearm to inflict serious physical injury or death upon any person, including the unauthorized person.
Transfers or attempts to transfer the firearm to an unauthorized person.”.
Transfers or attempts to transfer the firearm to another unauthorized person.
FURTHER AMEND House Bill No.
(3) Unsafe storage of a firearm in a vehicle under subsection (b) is a class A misdemeanor.
155 by deleting lines 47 and 48 in their entirety and inserting in lieu thereof the following:
(d) The Superior Court has jurisdiction over an offense under this section.
“(f) Paragraph (b) of this section does not apply to a holder of a valid license to carry concealed deadly weapons under § 1441.
(e) It is not an offense under this section if the firearm was manufactured in or before the year 1899 or is a replica of such firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
”.
(f) It is not a defense to subsection (b) of this section that the defendant has been issued an otherwise valid license to carry a concealed deadly weapon pursuant to terms of § 1441 of this title.
SYNOPSIS This amendment defines "locked container" for purposes of House Bill No.
SYNOPSIS This bill makes the unsafe storage of a firearm in a vehicle a class A misdemeanor if the person knowingly leaves a firearm unattended in a vehicle and the firearm is not stored in a locked box or container, a firearms rack that is on the motor vehicle, or locked in the trunk.
155.
This bill also provides that compliance with unsafe storage of a firearm in a vehicle is a defense to carrying a concealed deadly weapon.
This amendment makes the penalties for unsafe storage of a firearm in the vehicle in subsection (b) of the section the same as unsafe storage of a firearm in subsection (a) of the section.
This amendment also clarifies that the provisions of unsafe storage of a firearm in vehicle does not apply to holders of a valid license to carry concealed deadly weapons.
MAW Page 1 of 1 Released:
DS Page 2 of 2 Released:
06/27/2023 10:14 AM 2141520165
05/12/2023 11:44 AM 3501520109
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Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 15 YES 6 NO

  3. Passed By House. Votes: 25 YES 16 NO

  4. Amendment HA 4 to HB 155 - Passed In House by Voice Vote

  5. Amendment HA 4 to HB 155 - Introduced and Placed With Bill

  6. Passed By Senate. Votes: 15 YES 6 NO

  7. Amendment SA 1 to HB 155 - Passed By Senate. Votes: 15 YES 6 NO

  8. Amendment SA 1 to HB 155 - Introduced and Placed With Bill

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

  10. Assigned to Executive Committee in Senate

  11. Re-Assigned to Executive Committee in Senate

  12. Assigned to Judiciary Committee in Senate

  13. Passed By House. Votes: 24 YES 13 NO 1 NOT VOTING 3 ABSENT

  14. Amendment HA 3 to HB 155 - Passed In House by Voice Vote

  15. Amendment HA 1 to HA 3 - Passed By House. Votes: 22 YES 15 NO 2 NOT VOTING 2 ABSENT

  16. Amendment HA 1 to HA 2 - Stricken in House

  17. Amendment HA 2 to HB 155 - Stricken in House

  18. Amendment HA 1 to HB 155 - Stricken in House

  19. Amendment HA 3 to HB 155 - Introduced and Placed With Bill

  20. Amendment HA 1 to HA 2 - Introduced and Placed With Bill

  21. Amendment HA 2 to HB 155 - Introduced and Placed With Bill

  22. Amendment HA 1 to HB 155 - Introduced and Placed With Bill

  23. Reported Out of Committee (Judiciary) in House with 1 Favorable, 5 On Its Merits

  24. Introduced and Assigned to Judiciary Committee in House

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

10 sponsors · 0 co-sponsors · 52 not signed on · 23 voted No

Sponsors (10)

Co-sponsors (0)

None.

Not signed on (52)

52 members have not signed on to this bill.

Show all 52 →

"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 15 Yea · 6 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 0600
Unaffiliated 2000
Total 15600
% of votes cast 71%29%0%0%
How each member voted (21)
Member Party Vote
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
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Russell Huxtable 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
Eric Buckson Republican Nay
Gerald W. Hocker Republican Nay

Official roll call →

SM

Passed 25 Yea · 16 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6100
Democratic 19100
Republican 01400
Total 251600
% of votes cast 61%39%0%0%
How each member voted (41)
Member Party Vote
Michael Ramone — Nay
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris 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
Sophie Phillips 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
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Nay
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Nay
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Nay
Valerie Jones Giltner Republican Nay

Official roll call →

SM

Passed 15 Yea · 6 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 0600
Unaffiliated 2000
Total 15600
% of votes cast 71%29%0%0%
How each member voted (21)
Member Party Vote
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
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Russell Huxtable 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
Eric Buckson Republican Nay
Gerald W. Hocker Republican Nay

Official roll call →

SM

Passed 24 Yea · 13 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 6101
Democratic 18101
Republican 01102
Total 241304
% of votes cast 59%32%0%10%
How each member voted (41)
Member Party Vote
Michael Ramone — Not Voting
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Nay
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Not Voting
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
Sophie Phillips 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
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Not Voting
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Not Voting
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
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Frequently asked questions

What does HB 155 do?
This bill makes the unsafe storage of a firearm in a vehicle a class A misdemeanor if the person knowingly leaves a firearm unattended in a vehicle and the firearm is not stored in a locked box or container, a firearms rack that is on the motor vehicle, or locked in the trunk. This bill also provides that compliance with unsafe storage of a firearm in a vehicle is a defense to carrying a concealed deadly weapon.
Who sponsors HB 155?
HB 155 is sponsored by Kendra Johnson (Democratic), Russell Huxtable (Democratic), Darius J. Brown (Democratic), David P. Sokola (Democratic), William Bush (Democratic), Krista Griffith (Democratic), Paul S. Baumbach, Sherry Dorsey Walker, Valerie Longhurst, and Sean Matthews.
What is the current status of HB 155?
This bill has been enacted into law. Introduced May 12, 2023. Enacted.
Where can I track HB 155?
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