Rep. Bill Carson

Importers, manufacturers, and dealers of "destructive weapons" are licensed and regulated under Federal law. Under existing Delaware law, importers, manufacturers, and dealers of destructive weapons are not permitted to deliver them to purchasers in Delaware who are otherwise permitted to own such weapons, such as military or police forces. This bill will permit properly licensed importers, manufacturers, and dealers to possess and store destructive weapons in this State and engage in activities associated with the sale and delivery of such weapons to (or from) qualified purchasers.

The purpose of the Bill is to protect farmers and ranchers from nuisance lawsuits filed by individuals who inhabit areas where agricultural operations lawfully exist, and who exercise nuisance actions to attempt to stop operation and production. This Bill protects farms and agricultural operations that use commonly accepted agricultural practices from being considered a nuisance in areas zoned for agricultural uses and operations that have existed for a period of 1 year or longer. This will enable the State to protect the production of food, fuel and fiber within the state. AR Districts provide for a full range of agricultural activities and protect agricultural lands, as one of the State’s most valuable natural resources, from the depreciating effect of uses deemed objectionable, hazardous or unsightly (Kent County Zoning Code Chapter 205-60 Article VI and Sussex County Zoning Code Chapter 115-19 Article IV). Moreover, AR Districts serve as a transitional buffer zone between agricultural and residential uses and are also intended to protect watersheds, water resources, and forest areas. Kent and Sussex county ordinances permit specified land uses within AR Districts to provide for a wide range of agricultural uses and farm related services while also providing for low-density residential development in areas that are rural in character and where farming may not be the optimum land use activity. New Castle County Unified Development Code (UDC) permits agricultural uses in eight Urban and Suburban-Transition Districts and seven Suburban and Special Character Districts (UDC Chapter 40). Permitted uses within these districts include crop production and animal production, and any other agricultural uses as recognized by Delaware law. Additional uses, permitted for Limited Review, include Farm Market and Clearing activities (UDC Land Use tables 40.03.110 A and 40.03.110 B). It is the express intention of this act to establish as the policy of this State the protection of agricultural operations from nuisance actions, where recognized methods and techniques of agricultural production are applied, while, at the same time, acknowledging the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in Delaware.

This Act narrows the meaning of “firearm” for purposes of the Delaware Criminal Code by aligning the definition of “firearm” with the definition in federal criminal background check law. “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 substantially 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 applied throughout the Delaware Code. When the Delaware Criminal Code was adopted in 1972 there were 9 mentions of “firearm” in the Delaware Criminal Code. Today, there are 194 mentions of “firearm” in the Delaware Criminal Code (Part I of Title 11). As the number of mentions of “firearm” has increased, it has done so with the definition of “firearm” as a backdrop, meaning that these new mentions 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 joint resolution is designed to establish a task force to study and make findings concerning the recruitment and retention of volunteer firefighters.

This Act increases the burial benefit upon the death of an individual receiving a pension under the State Employees Pension plan from $7,000 to $8,000.

This resolution honors USO Delaware for their important and inspiring work supporting military members and their families.

This Act expands applicability of the Delaware State Fair Centennial Limited Edition Special License Plate to vehicles with a manufacturer's gross vehicle weight rating of up to 26,000 pounds, and clarifies that vehicles owned by artificial entities qualify for this plate. This Act also removes a provision regarding vans, as that language is antiquated and no longer necessary.

This bill defines Street Rods to correspond with the same age requirement as used for antique motor vehicles, and would remove a fender requirement. Historically Street Rods are open-wheeled vehicles. Additionally, no equipment shall be required on a Street Rod if such equipment was not a condition of sale when the vehicle was manufactured unless such equipment is specifically required by this section.

New daily persistent headache (NDPH) is a rare headache disorder characterized by daily and unremitting headaches that can last up to 3 days. Headache onset is abrupt and the throbbing, pressure-like pain is usually on both sides of the head. In order to be diagnosed with this syndrome, a patient has chronic daily headaches that are present more than 15 days a month for more than 3 months. The age of onset ranges from 6 to greater than 70 years old. It is found to be more common in females in both the adult and pediatric populations. Currently, there is no specific treatment for NDPH. Instead, most are treated similarly to migraines with prescriptions to opiates or narcotics such as gabapentin. In order to avoid the development of medication overuse or addiction, however, physicians do not advise patients to use pain relievers for more than 9 days a month even though the pain persists for many days more than that. Moreover, NDPH is an intractable headache disorder that is unresponsive to standard headache therapies. This bill adds new daily persistent headache and chronic debilitating migraines to the list of chronic or debilitating medical conditions for which a child under 18 may qualify as a patient to receive marijuana oil upon certification by a physician in accordance with the terms of the Delaware Medical Marijuana Act. This bill also adds new daily persistent headache to the list of chronic or debilitating medical conditions that qualifies an adult to be eligible for the use of medical marijuana.

This Act revises the shot and pellet size that is permitted for BB and air guns by increasing and defining the limit by an actual size. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.