This Act revises the crime of "unlawfully permitting a child access to a firearm," an existing class A misdemeanor under Delaware law. The offense is renamed "unsafe storage of a firearm" to place emphasis on firearm safety and proper storage. Under the revised statute, a crime is committed when a person intentionally or recklessly stores or leaves a loaded firearm where a minor or other person prohibited by law, or “unauthorized person,” can access the firearm, and the unauthorized person obtains the firearm. The unauthorized person’s use of the firearm to inflict serious physical injury or death is not an element of the offense, but is an aggravating factor. For the purposes of this offense, “stores and leaves” does not include when firearm is carried by or under the control of the owner or another lawfully-authorized user. Under this Act, the offense is a class B misdemeanor if there are no aggravating circumstances. If, however, the unauthorized person uses the firearm to commit a crime, uses the firearm to inflict serious physical injury or death upon anyone, or transfers the firearm to another unauthorized person, the offense is a class A misdemeanor. It is an affirmative defense that the person stored the firearm in a locked container, disabled it with a tamper-resistant trigger lock, or stored it in a location a reasonable person would have thought was safe from access by unauthorized persons. This Act provides an exception for firearms manufactured in or before 1899, or a replica to such firearms, if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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Delaware’s existing Criminal Code was adopted in 1973 and was based on the Model Penal Code. Since that time, the Criminal Code has quadrupled in size and expanded to other parts of the Code without consideration to the general effects of the change on the Criminal Code’s overall structure, its terminology, or its application, creating numerous inconsistencies, redundancies, ambiguities and contradictions. This Act is one of two bills that seek to bring back clarity and consistency to the Criminal Code.
This Act prohibits the manufacture, sale, purchase, transfer, or delivery of large-capacity magazines, which are defined as ammunition feeding devices with the capacity to accept more than 10 rounds. In acknowledgment that thousands of law-abiding Delawareans currently possess large-capacity magazines lawfully, this Act makes such possession unlawful only if it occurs in a public place while in possession of a firearm capable of accepting it. Possession of a large-capacity magazine in areas that are not public places remains legal and this Act permits the possession and use of large-capacity magazines at shooting ranges. A violation of this Act is a class A misdemeanor for a first offense and a class G felony for any subsequent offense.
This Act provides for a clear and established procedure and time frame during which public employees may revoke their membership in an employee organization. This Act allows public employers and employee organizations to manage membership status and authorizations in a manner that will meet public employee’s desires while not disrupting the public employer’s or employee organization’s operations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act increases the penalties for certain offenses involving deadly weapons as follows: 1. For possession of a deadly weapon during the commission of a felony, from 2 to 5 years. 2. For possession of a firearm during the commission of a felony, generally, from 3 to 6 years. 3. For possession of a firearm during the commission of a felony, if the defendant has been convicted of 2 or more prior felonies, from 5 to 10 years. 4. For possession of a firearm or destructive weapon by a person prohibited who has been convicted of a violent felony, from 3 to 6 years. 5. For possession of a firearm or destructive weapon by a person prohibited who engages in the possession within 10 years of the conviction of a violent felony, from 5 to 10 years. 6. For possession of a firearm or destructive weapon by a person prohibited who has been convicted of 2 or more violent felonies, from 10 to 12 years. 7. For possession of a firearm by a person prohibited who negligently causes serious physical injury or death of another person through the use of the firearm, from 4 to 7 years. 8. For possession of a firearm by a person prohibited who negligently causes serious physical injury or death of another person through the use of the firearm and does so within 10 years of a conviction of a violent felony, from 6 to 12 years. 9. For possession of a firearm by a person prohibited who negligently causes serious physical injury or death of another person through the use of the firearm and has been convicted of 2 or more violent felonies, from 10 to 20 years. This Act increases the class of felony assigned to possession of a deadly weapon by a person prohibited under § 1448(e) of Title 11 to insure that the minimum sentence required by this Act does not exceed the maximum sentence for the class of felony assigned to the crime.
Under this Act, two circumstances which currently subject alcoholic liquor license holders or individuals to fines will be permitted: (1) An individual who is 19 years or older may serve alcohol to taproom patrons if the taproom has a separate dining facility that seats at least 12 people, provides complete meals, and has been approved by the Commissioner as meeting the requirements of this Act. (2) A taproom may allow an individual under the age of 21 years to enter the licensed premises until 9:00 p.m., if accompanied by a parent or legal guardian, and if the taproom has a separate dining facility that seats at least 12 people, provides complete meals, and has been approved by the Commissioner as meeting the requirements of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act is designed to centralize and modernize Delaware’s system for licensing its citizens to carry concealed deadly weapons. The current statutory scheme dates as far back as the Code Revision of 1974 and was not designed to handle the volume of applicants and licensees that are being experienced today, a volume that has at times unfairly overwhelmed both the Courts and the Office of the Attorney General. In 2016, alone, the Attorney General was required to conduct 8,522 background investigations, a volume level never envisioned by the General Assembly in 1974, and a volume which, over the years has placed increasingly unsustainable demands upon both the Superior Court and the Attorney General. As importantly, this ever-increasing volume of applicants and license renewals and the system’s inability to respond in a timely manner has led to a volume of complaints from those who have been forced to wait up to eight months for their applications to be fully processed in the current system. This Act is designed to relieve the current pressures on the Superior Court and the Office of the Attorney General by creating a small, centralized, and financially self-sustaining organization within state government designed specifically to administer the licensing of individuals to lawfully carry concealed deadly weapons; and, for the first time, to effectually license and regulate the instructors who provide the statutorily required training for such individuals. Section 1 of the Act creates the Delaware Commission on Concealed Carry Licensing and provides for the professional staff and procedural mechanisms for licensing persons to carry concealed deadly weapons. The Commission is also charged with licensing and regulating the Personal Protection Firearms Instructors who provide the statutorily mandated training for concealed carry licensees. By creating an organization dedicated solely to these tasks, the Act is also (1) able to eliminate the current single date expiration system which is responsible for at least some of the current backlog, and allows for licenses to expire and renewals to be processed on a year-round basis; and (2) ensure that the required training is delivered according to statutory standards by instructors who have qualified to deliver that training. Section 2 of the Act amends the concealed carry statute to transfer responsibility for concealed carry licensing from the Superior Court and the Attorney General to the Commission on Concealed Carry Licensing created in Section 1 of the Act. This section also attempts to enhance language in the existing statute. This section also increases the application fees for concealed carry applicants from $65 to $95 for initial applications and $75 for renewals. The section also establishes a fee of $100 for each issuance of a temporary license. It also allows for the licensing of those residents of contiguous states who regularly work in Delaware and who are already licensed by their home state to be separately licensed in Delaware under the same strict criteria required of Delaware residents, establishing an initial application fee for such individuals of $150 and a renewal fee of $100. Section 2 also addresses the issue of concealed carry reciprocity; clarifying the recognition process and ensuring Delaware residents may not circumvent Delaware’s licensing process by utilizing non-resident licenses from other states with which Delaware has reciprocity. Finally, Section 2 makes a clear statement that currently employed law enforcement officers are exempt from the licensing requirements that pertain to other citizens. Section 2 also extends the period of time retiring law enforcement officers have to avail themselves of the existing streamlined licensing regime available to such officers from 90 days to 180 days. Section 3 of the Act allows for the establishment of the Commission and a period of time for the Commission to be fully staffed and operational before transferring authority and responsibilities from the Courts and the Attorney General to the Commission.
This Act removes § 617 Criminal Youth Gangs from the list of felonies designated as violent felonies and adds § 616 Gang Participation so that age is less of a factor in determining whether a violent felony was committed. In addition, this Act makes § 1103A Child Abuse in the Second Degree a violent felony. Further, this Act makes technical corrections by updating the violent felonies list to reflect § 1103B Child Abuse in the First Degree, which was formerly known as § 615 Assault by Abuse.
This Act removes the sunset provision contained in Volume 80, Chapter 412 of the Laws of Delaware (formerly House Bill No. 405, as amended, of the 148th General Assembly) that is set to expire the law on September 8, 2018. The purpose of Volume 80, Chapter 412 of the Laws of Delaware is to prevent first-time juvenile offenders charged with certain minor misdemeanors from entering into the juvenile criminal justice system by providing law enforcement with a civil citation procedure as an alternative to arrest.
This Substitute Act incorporates House Bill No. 302, and also makes the following changes to House Bill No. 302: (1) Creates a new § 5403 of Title 16, which permits a mental health service provider, institution, agency, or hospital to disclose confidential communications to a law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is dangerous to self or dangerous to others. (2) Adds definitions for “dangerous to others” and “dangerous to self” that are based on the definition in § 5001 of Title 16, but expand the temporal imminence of the individual’s actions. (3) Permits a law-enforcement officer to obtain an order of relinquishment from the Justice of the Peace Court if the officer has probable cause to believe that an individual who is the subject of a report from a mental health provider under § 5402 or § 5403 of Title 16 is dangerous to others or self and in possession of firearms or ammunition. This process is an expedited process, akin to obtaining a search or arrest warrant. Under this process, if the Justice of the Peace Court finds probable cause, it must order the relinquishment of firearms to law enforcement and may prohibit the individual from residing with others who possess firearms and grant permission for law enforcement to search for and seize firearms. An order from the Justice of the Peace Court is good for 60 days. If the Department of Justice does not file a petition in Superior Court within 60 days, the Justice of the Peace Court’s order is void and law enforcement must return the firearms. (4) Makes clear that if the Department of Justice files a petition in Superior Court, the individual has the right to a hearing before an order of relinquishment may be granted by the Superior Court. (5) Makes clear that the Justice of the Peace Court and the Superior Court may, as part of an order of relinquishment, order an individual to not reside with an individual who owns, possesses, or controls firearms. However, the Courts may not impair or limit the right to keep and bear arms of an individual who is not subject to an order. (6) Adds consistent relinquishment provisions to Title 16 so that if the Superior Court finds probable cause for an involuntary commitment hearing or orders an individual to outpatient treatment, the Court must also order the individual to relinquish firearms or ammunition. It also makes clear that an individual subject to the order of relinquishment may seek relief from the Relief from Disabilities Board. (7) Makes technical changes to correct a designation in § 1448C of Title 11 and to add “, institution, agency, or hospital” to § 5402(a)(1) of Title 16.