HB 270 — AN ACT TO AMEND TITLES 11 AND 24 OF THE DELAWARE CODE RELATING TO AMMUNITION.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 21, 2024. Enacted.
Odds of enactment
High chanceBased 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
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Enacted
Current position in the legislative process.
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14 sponsors
14 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (10 D · 1 R) — cross-party backing.
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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 Act creates a civil penalty for any sale or display of ammunition that allows the ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor. Ammunition in an enclosed display case, behind a counter or other customer access preventing device is not considered accessible for purposes of this section. This Act also requires that a deadly weapons dealer must include with their license application and renewal application a description of their theft and loss prevention policies and procedures as well as a report of all ammunition losses or theft within the prior year. Finally, the Act increases the maximum monetary penalty for violation of the provisions requiring a license to sell deadly weapons, sale to those under 21 or intoxicated persons, failing to keep required records, or failing to comply with the requirements for background checks between unlicensed persons. It takes effect 1 year after its enactment. This House Substitute No. 1 for House Bill No. 270 differs from the original in the following ways: It specifies that information related to theft and loss prevention policies and procedures is not subject to FOIA It changes the word “person” to “licensee” in sections 902 and 905. It specifies that the content of loss and prevention policies are not a basis for denial of a deadly weapons dealer license. It reduces all of the monetary penalties. It removes the shoplifting enhancement. It changes jurisdiction over the offense from JP Court to the Court of Common Pleas.
Bill Text
What changed in the latest version
56 added · 11 removed56 line(s) added, 11 removed.
Williams HOUSE& OFRep. REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
1Longhurst TO& HOUSERep. SUBSTITUTE NO.
Bush & Rep.
Heffernan & Rep.
Griffith & Sen.
Walsh Reps.
Baumbach, Lambert, Osienski, Romer, Schwartzkopf, Michael Smith;
Sens.
Gay, Sokola HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE SUBSTITUTE NO.
270 AN ACT TO AMEND HouseTITLES Substitute11 No.AND 24 OF THE DELAWARE CODE RELATING TO AMMUNITION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Chapter 9, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 902.
Application and fee for license;
duration;
renewal.
(a) Whoever desires to engage in the business of selling any of the articles referred to in the first paragraph of § 901 of this title shall apply to the Department of State to obtain a license to conduct such business and shall pay an application fee of $50 to the Department.
The license shall entitle the holder thereof to conduct such business until June 1 next succeeding its date.
An application for renewal of such license shall be accompanied by a payment of $50 to the Department.
(b) (1) A licensee who engages in the sale of firearm ammunition must include with their initial application and application for renewal a description of their theft and loss prevention policies and procedures as well as a report of all ammunition losses or theft within the prior year.
An applicant or licensee’s description of theft and loss prevention policies is not a public record for purposes of the Freedom of Information Act, Chapter 100 of Title 29.
(2) So long as information that complies with paragraph (b)(1) of this section is submitted with the application, the content of the policies and procedures may not be a basis for denial of an initial license or a renewal.
§ 905.
Ammunition display.
(a) A licensee may not sell, offer for sale, or display for sale or transfer ammunition in a manner that allows that ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor.
Ammunition displayed in an enclosed display case or behind a counter or other customer access prevention device is not considered accessible for purposes of this section and fulfils the theft and loss prevention requirement under § 902(b) of this title.
HD :
KL :
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03/21/2024 12:16 PM (b) A violation of this section is a civil offense.
For a first offense the penalty is $500.
For a second offense the penalty is $1,000.
For a third or subsequent offense the penalty is $5,000.
(c) The Court of Common Pleas has jurisdiction over violations of this section.
§ 905.
906.
Penalties.
Whoever A person who violates §§ 901, 903, 904, or 904A of this chapter shall be fined not more than $250 $500 or imprisoned not more than 6 months, or both.
Section 2.
Show all 55 changed lines (15 more)
This Act takes effect 1 year after its enactment.
SYNOPSIS This Act creates a civil penalty for any sale or display of ammunition that allows the ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor.
Ammunition in an enclosed display case, behind a counter or other customer access preventing device is not considered accessible for purposes of this section.
This Act also requires that a deadly weapons dealer must include with their license application and renewal application a description of their theft and loss prevention policies and procedures as well as a report of all ammunition losses or theft within the prior year.
Finally, the Act increases the maximum monetary penalty for violation of the provisions requiring a license to sell deadly weapons, sale to those under 21 or intoxicated persons, failing to keep required records, or failing to comply with the requirements for background checks between unlicensed persons.
It takes effect 1 year after its enactment.
This House Substitute No.
270 bydiffers insertingfrom the followingoriginal afterin linethe 23following andways: before line 24:
“(d)It Asspecifies usedthat ininformation thisrelated chapter,to “ammunition”theft meansand asloss definedprevention inpolicies §and 1448procedures ofis Titlenot 11.”.subject to FOIA It changes the word “person” to “licensee” in sections 902 and 905.
SYNOPSISIt Thisspecifies amendment clarifies that ammunitionthe meanscontent “1 or more rounds of fixedloss ammunition designed for use in and capableprevention ofpolicies beingare firednot from a pistol,basis revolver,for shotgundenial orof riflea butdeadly shallweapons notdealer meanlicense. inert rounds or expended shells, hulls or casings”.
ThisIt definitionreduces alreadyall existsof inthe Titlemonetary 11penalties. and is added as a cross-reference here.
It removes the shoplifting enhancement.
It changes jurisdiction over the offense from JP Court to the Court of Common Pleas.
SCDDS Page 12 of 12 Released:
04/18/202403/21/2024 04:3012:16 PM 01315200380281520133
Show all 55 changed rows (15 more)
Action History
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Signed by Governor
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Passed By Senate. Votes: 15 YES 6 NO
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Reported Out of Committee (Judiciary) in Senate with 6 On Its Merits
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Assigned to Judiciary Committee in Senate
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Passed By House. Votes: 27 YES 9 NO 5 ABSENT
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Amendment HA 1 to HS 1 - Passed In House by Voice Vote
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was introduced and adopted in lieu of HB 270
Sponsors
- Peter C. Schwartzkopf · Primary
- David P. Sokola · Primary
- Kendra Johnson · Primary
- Michael F. Smith · Primary
- Cyndie Romer · Primary
- Edward S. Osienski · Primary
- Spiros Mantzavinos · Primary
- John "Jack" Walsh · Primary
- Nicole Poore · Primary
- Russell Huxtable · Primary
- William Bush · Primary
- Kimberly Williams · Primary
- Valerie Longhurst · Primary
- Paul S. Baumbach · Primary
Sponsorship breakdown
Export CSV (upgrade) →14 sponsors · 0 co-sponsors · 48 not signed on · 15 voted No
Sponsors (14)
- Peter C. Schwartzkopf
- David P. Sokola Democratic
- Kendra Johnson Democratic
- Michael F. Smith Republican
- Cyndie Romer Democratic
- Edward S. Osienski Democratic
- Spiros Mantzavinos Democratic
- John "Jack" Walsh Democratic
- Nicole Poore Democratic
- Russell Huxtable Democratic
- William Bush Democratic
- Kimberly Williams Democratic
- Valerie Longhurst
- Paul S. Baumbach
Co-sponsors (0)
None.
Not signed on (48)
48 members have not signed on to this bill.
Show all 48 →"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 |
|---|---|---|---|---|
| Democratic | 13 | 0 | 0 | 0 |
| Republican | 0 | 6 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 15 | 6 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 1 |
| Democratic | 17 | 0 | 0 | 3 |
| Republican | 4 | 9 | 0 | 1 |
| Total | 27 | 9 | 0 | 5 |
| % of votes cast | 66% | 22% | 0% | 12% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 270 do?
- This Act creates a civil penalty for any sale or display of ammunition that allows the ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor. Ammunition in an enclosed display case, behind a counter or other customer access preventing device is not considered accessible for purposes of this section. This Act also requires that a deadly weapons dealer must include with their license application and renewal application a description of their theft and loss prevention policies and procedures as well as a report of all ammunition losses or theft within the prior year. Finally, the Act increases the maximum monetary penalty for violation of the provisions requiring a license to sell deadly weapons, sale to those under 21 or intoxicated persons, failing to keep required records, or failing to comply with the requirements for background checks between unlicensed persons. It takes effect 1 year after its enactment. This House Substitute No. 1 for House Bill No. 270 differs from the original in the following ways: It specifies that information related to theft and loss prevention policies and procedures is not subject to FOIA It changes the word “person” to “licensee” in sections 902 and 905. It specifies that the content of loss and prevention policies are not a basis for denial of a deadly weapons dealer license. It reduces all of the monetary penalties. It removes the shoplifting enhancement. It changes jurisdiction over the offense from JP Court to the Court of Common Pleas.
- Who sponsors HB 270?
- HB 270 is sponsored by Peter C. Schwartzkopf, David P. Sokola (Democratic), Kendra Johnson (Democratic), Michael F. Smith (Republican), Cyndie Romer (Democratic), Edward S. Osienski (Democratic), Spiros Mantzavinos (Democratic), John "Jack" Walsh (Democratic), Nicole Poore (Democratic), Russell Huxtable (Democratic), William Bush (Democratic), Kimberly Williams (Democratic), Valerie Longhurst, and Paul S. Baumbach.
- What is the current status of HB 270?
- This bill has been enacted into law. Introduced March 21, 2024. Enacted.
- Where can I track HB 270?
- Track HB 270 free on One Click Politics — get push/email alerts when it moves.
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