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DE HB366
Bill
Status
5/8/2018
Primary Sponsor
Sean Lynn
Click for details
AI Summary
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Renames the offense from "unlawfully permitting a minor access to a firearm" to "unsafe storage of a firearm" to emphasize firearm safety and proper storage practices.
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Expands the offense to cover unauthorized persons (minors and those prohibited by law from possessing firearms) rather than only minors, and removes the requirement that the unauthorized person use the firearm to cause serious injury or death as an element of the crime.
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Establishes tiered penalties: class B misdemeanor for unsafe storage with no aggravating circumstances, and class A misdemeanor if the unauthorized person commits a crime with the firearm, inflicts serious physical injury or death, or transfers the firearm to another unauthorized person.
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Provides affirmative defenses if the firearm was stored in a locked container, disabled with a tamper-resistant trigger lock, or stored in a location a reasonable person would consider secure from unauthorized access, or if the unauthorized person obtained it through unlawful entry.
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Exempts firearms manufactured in or before 1899 and replicas thereof that are not designed for rimfire or conventional centerfire ammunition.
Legislative Description
An Act To Amend Title 11 Of The Delaware Code Relating To Safe Storage Of Firearms.
Last Action
Assigned to Judicial & Community Affairs Committee in Senate
5/10/2018