This Substitute Act creates the Delaware Large-Capacity Magazine Prohibition Act of 2022, which does the following: (1) Includes a clear definition for the term “large-capacity magazine” as an ammunition feeding device with a capacity to accept more than 17 rounds of ammunition. (2) Prohibits the manufacture, sale, offer for sale, purchase, receipt, transfer, or possession of a large-capacity magazine. Violation of this prohibition is a class E felony. (3) Prohibits the possession of a large-capacity magazine during the commission of a felony. Violation of this prohibition is a class B felony. This Substitute Act also establishes a buyback program for large-capacity magazines, to be overseen by the Department of Safety and Homeland Security.
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This Act is the first leg of an amendment to the Delaware Constitution that would require legislators to remain domiciled in the districts they represent for the entirety of their term of office. Subsection (b) of this Act does not apply to sitting legislators who desire to change their residence to within the newly established district lines in order to continue to represent their district in the upcoming election. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.
This bill makes a person under the age of 21 prohibited from purchasing, owning, possessing, or controlling a firearm or ammunition of a firearm except under limited circumstances. Those circumstances are if the person is 18 years of age or older and an active member of the Armed Forces, a qualified law-enforcement officer, or has a license to carry a concealed deadly weapon. The Act does not apply to shotguns and shotgun ammunition, muzzle-loading rifles, and deadly weapons other than firearms, thus allowing those persons who are 18 to 21 years of age to purchase, own, control or possess such deadly weapons. Persons under the age of 21 may possess or control a firearm for the purpose of engaging in lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of a person 21 year of age or older. This bill also makes changes to § 1445 of Title 11—Unlawfully dealing with a dangerous weapon to be consistent with the changes made to § 1448 of Title 11. In addition, the bill only criminalizes the control of a weapon which by compressed air or by spring discharges or projects a pellet, slug, or bullet by a person who is not a qualified law enforcement officer if such pellet, slug, or bullet is larger than .177 caliber shot.
The Delaware Lethal Firearms Safety Act of 2022 prohibits the manufacture, sale, offer to sell, transfer, purchase, receipt, possession, or transport of assault weapons in Delaware, subject to certain exceptions. One exception is that the Act does not prohibit the possession and transport of firearms that were lawfully possessed or purchased before the effective date of this Act; although for these firearms there are certain restrictions relating to their possession and transport after the effective date of this Act. There are also exceptions for law-enforcement and military personnel in the course of their official duties, and a limited exception for retired law-enforcement personnel. Finally, a person lawfully in possession of an assault weapon prior to the passage of this Act may lawfully transfer the weapon to a member of their family, through inheritance or otherwise. The Act directs the Department of Safety and Homeland Security to develop a procedure for issuance of a voluntary certificate of possession to show lawful possession of an assault weapon prior to the effective date of the Act. A gun owner is not required to apply for the certificate, but a certificate provides a conclusive means of proving lawful possession prior to the passage of this Act. The Department is not permitted to retain copies of issued certificates or identifying information of any applicant. The Act also adds a violation of this Act to the list of predicate crimes for possession of a weapon in a school zone.
This Act establishes a Public Education Compensation Committee for the purpose of reviewing Delaware's educator compensation structure and its ability to compete with regional school districts, Delaware's private business sector, and other governmental agencies and to develop recommendations to establish a new compensation structure for educators in Delaware. The Committee will consist of 13 members, including the Secretary of the Department of Education, the Controller General, the Director of the Office of Management and Budget, the Executive Director of the Delaware State Education Association, the Executive Director of the Delaware Association of School Administrators, an educator, two school financial officers, one school superintendent, a charter school administrator, a representative of the Office of the Governor, and the Chairs of the House and Senate Education Committees. The Act requires the Committee to present its recommendations to the Governor no later than November 15, 2023, so that the recommendations may be included in the Governor's recommended budget for fiscal year 2025.
This Act is named for Keshall “KeKe” Anderson. KeKe was an innocent bystander who was killed in a 2016 shooting involving a firearm purchased through a straw purchase. In 2019, in a lawsuit by KeKe’s family against the dealer of the firearm involved in her death, the Delaware Supreme Court affirmed the Superior Court’s decision interpreting § 1448A of Title 11 of the Delaware Code to grant a firearm dealer full immunity from liability, even if the firearm dealer is negligent in selling a firearm to a straw purchaser. See Summers v. Cabela’s Wholesale, Inc., 2019 Del. Super. LEXIS 156 (Del. Super. 2019), aff’d, Summers v. Cabela’s Wholesale, Inc., 2019 Del. LEXIS 524 (Del. 2019). The repeal in Section 2 of this Act means victims and their families may seek relief from courts and juries instead of being denied their day in court. Section 3 of this Act provides a cause of action to enable firearm manufacturers and retail dealers to be held accountable when they knowingly or recklessly take actions that endanger the health and safety of residents of this State through the sale, manufacture, distribution, and marketing of firearm-related products.
This resolution recognizes June 2022 as National Homeownership Month in Delaware.
This Resolution commemorates the 50th anniversary of the enactment of Title IX and recognizes the impact it has had on improving equality in educational institutions and the workplace, while committing to build upon its foundation to continue to expand the protection of equal rights.
This Act provides supplementary appropriations to certain Grants-in-Aid recipients for Fiscal Year 2023. Section 1 – Government Units and Senior Centers – $28,201,165 Section 2 – One-Times and Community Agencies – $32,531,876 Section 3 – Fire Companies – $8,162,724 Section 4 – Veterans Organizations – $498,141 GRAND TOTAL – $69,393,906
This Act will allow Delaware residents two new deductions from personal income tax. The first is a deduction from taxable income of up to $1,000 for contributions to an account in a Delaware-sponsored qualified tuition program, as that term is defined under 26 U.S.C. § 529 (a “529” College Savings Plan). The second is a deduction from taxable income of up to $5,000 for contributions to an account in a Delaware-sponsored ABLE program, as that term is defined under 26 U.S.C. § 529A (a “529A” Savings Account - a special account for meeting the needs of certain individuals with disabilities). The 529 and 529A deduction is only applicable to the Delaware-sponsored plan. A transfer or rollover from another account authorized under 26 U.S.C. §§ 529 and 529A or for a change in beneficiary of any such account does not qualify for the deduction. This Act takes effect on the date the Secretary of Finance provides written notice to the Registrar of Regulations that the Division of Revenue has implemented the personal income tax release of the Internal Revenue Administration System.