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DE SB302
Bill
Status
6/30/2022
Primary Sponsor
Bryan Townsend
Click for details
AI Summary
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Repeals § 1448A of Title 11, which previously granted firearm dealers complete immunity from liability for negligent sales, including straw purchases.
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Creates a new statutory cause of action in Title 10 § 3928 allowing the Attorney General and private parties to sue firearm industry members for public nuisance related to the sale, manufacturing, importing, or marketing of firearm-related products.
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Requires firearm industry members to establish and implement reasonable controls to prevent sales to straw purchasers, firearm traffickers, prohibited persons, and those at substantial risk of harm, and to comply with all state and federal laws.
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Permits recovery of injunctive relief, compensatory and punitive damages, restitution, and attorney's fees without requiring proof that the firearm industry member intended to cause harm or create a public nuisance.
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Named the "Keshall 'KeKe' Anderson Safe Firearm Sales Act" in honor of an innocent bystander killed in a 2016 shooting involving a straw-purchased firearm.
Legislative Description
An Act To Amend Title 10 And Title 11 Of The Delaware Code Relating To Firearms.
Last Action
Signed by Governor
6/30/2022