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DE SB32

Bill

Status

Introduced

3/28/2013

Primary Sponsor

Gregory Lavelle

Click for details

Origin

Senate

147th General Assembly

AI Summary

  • Amends Delaware Code Section 1454 to require knowledge as an element of the crime, clarifying that knowingly giving a firearm to a prohibited person remains a class F felony.

  • Creates new Section 1454A establishing that giving a firearm to a prohibited person without knowledge that the recipient is prohibited is a class A misdemeanor.

  • Provides an affirmative defense for those who relied on criminal background check results from licensed firearms dealers conducted pursuant to Delaware Code Title 24, Section 904A to determine the recipient was not prohibited.

  • Distinguishes between two separate offenses: the knowing transfer of firearms to prohibited persons (felony) versus unknowing transfers (misdemeanor).

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To The Giving Of A Firearm To A Person Prohibited.

Last Action

Stricken

6/11/2013

Committee Referrals

Judiciary3/28/2013

Full Bill Text

No bill text available