This Act is a substitute for House Bill No. 224. Like House Bill No. 224, this Act narrows the meaning of “firearm” for purposes of the Delaware Criminal Code by more closely aligning the definition of “firearm” with the definition in the federal criminal background check law. The reference to a BB gun is no longer necessary because a BB gun does not use an explosive force to propel a projectile. “Firearm” was defined in the Criminal Code for the first time in 1983 by Senate Bill No. 13, as amended, 132nd General Assembly, 64 Del. Laws, c. 17 (“Senate Bill No. 13”). Senate Bill No. 13 defined “firearm” to include “any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable. It does not include a BB gun.” This definition is the same as the definition for “firearm” in the Delaware Criminal Code today. During the Senate floor debate on Senate Bill No. 13, Senator Berndt noted the expansive nature of the definition due to the inclusion of “by . . . mechanical means,” which he noted meant that the definition would include cross bows and slingshots. Because of Senate Bill No. 13’s placement of “firearm” in the general definition section for the Delaware Criminal Code, the definition applies throughout the Delaware Criminal Code. When the Delaware Criminal Code was adopted in 1972 there were 9 uses of “firearm” in the Delaware Criminal Code. Today, there are 194 uses of “firearm” in the Delaware Criminal Code (Part I of Title 11). As the number of uses of “firearm” has increased, it has done so with the definition of “firearm” as a backdrop, meaning that these new uses have intentionally or unintentionally adopted the definition of “firearm.” Research reveals no other state with a similar definition of “firearm” in its laws. While at least 2 states had previously had a similar definition, those definitions were removed by their legislatures in 2015. In 1 of those states, Michigan, legislative history indicates the definition was changed as part of the state’s efforts to align its definitions of firearms with the definition found in federal law governing the National Instant Criminal Background Check System (NICS), the system through which criminal history checks are performed. For purposes of NICS, firearm is defined to mean as follows: “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.” See 18 U.S.C. 921(a)(3). This Act differs from House Bill No. 224 in that it makes additional changes to the definition of “firearm” to further align it with the definition of “firearm” used in the federal criminal background check law, by doing the following: (1) Using “means” instead of “includes”. (2) Including that a weapon is a firearm if it may readily be converted to discharge a shot by an explosive force. (3) Adding frame or receiver of a firearm.
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This resolution celebrates the 75th anniversary of Camp Barnes and its dedication to the youth of the State of Delaware.
This resolution recognizes August 17, 2023, as "National Nonprofit Day" in Delaware.
This Resolution designates July 26, 2023, as "Americans with Disabilities Act Day" in the State of Delaware.
Section 1 of this Act increases the standard deduction for personal income tax purposes of resident individuals and spouses of this State for tax years beginning after December 31, 2023. Section 3 of this Act increases the monetary filing thresholds resulting from the increases the standard deduction under Section 1. Sections 2 and 4 of this Act increase the refundable earned income tax credit to 7.5% of the corresponding federal earned income tax credit for tax years beginning on or after January 1, 2023, and clarify that a previously enacted refundable earned income tax credit of 4.5% of the corresponding federal earned income tax credit took effect for tax years beginning on or after January 1, 2021.
This Act is a substitute for House Bill No. 167. Like House Bill No. 167, this Act establishes school resource officer units to fund school resources officers in all Delaware public schools. Specifically, this Act funds at least 1 school resource officer in each charter school and in each school in a school district, regardless of enrollment, and provides for additional school resource officers for schools with over 1,000 students. This Act differs from House Bill No. 167 by defining "school resource officer" to include constables commissioned under Chapter 56 of Title 24 of the Delaware Code.
This resolution makes changes to Senate Concurrent Resolution No. 19 in that it adds 2 additional Task Force members, authorizes the Task Force to create subcommittees, allows for the appointment of 1 Task Force member by the Co-Chairs, and changes the dates of the Task Forces' first meeting and the submission of its report.
The state’s pre-application process for land use process, known as PLUS, was created 20 years ago and has served to increase coordination among state and local agencies. In doing so, it has fulfilled its intent of providing predictability and consistency for the development community, especially in the area of major projects. Given that success, this bill assists in expediting the process for economic development projects in the State of Delaware with some exemptions from the PLUS process. A project located in Investment Level 1 or 2 under the Strategies for State Policies and Spending that is consistent with local zoning and any local comprehensive plan that will create full-time jobs is exempt from the pre-application process unless required by the local government or requested by the applicant.
This resolution recognizes June 2023 as National Homeownership Month in Delaware.
This Act expedites the issuance of a temporary entrance permit for commercial and economic development projects. The Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.