Signed by Governor John Carney, Jr.

Vote Smart's Synopsis:

Vote to adopt a conference report that prohibits the use and sale of bump stocks.

Highlights:

• Specifies that an individual is guilty of possession a destructive weapon when the individual sells, transfers, buys, receives or has possession of any of the following (Sec. 1):

• A bomb;

• A firearm silencer;

• A sawed-off shotgun;

• A machine gun or any other firearm or weapon which is adaptable for use as a machine gun;

• A bump stock or trigger crank device.

• Defines “bump stock” as an after-market device that increases the rate of fire achievable with a semi-automatic rifle by using energy from the recoil of the weapon to generate a reciprocating action that facilitates repeated activation of the trigger (Sec. 1).

• Defines “trigger crank” as an after-market device designed and intended to be added to a semi-automatic rifle as a crank operated trigger actuator capable of triggering multiple shots with a single rotation of the crank (Sec. 1).

• Specifies that an individual is convicted of only having possession of a destructive weapon if the individual has the following (Sec. 1):

• A Class B misdemeanor for a first offense;

• A Class E felony for a second or subsequent offense.

• Specifies that the Superior Court has exclusive jurisdiction over these offenses (Sec. 1)

• Requires that a destructive weapon be relinquished to a law-enforcement agency of the state (Sec. 1).

• Authorizes the destruction of a destructive weapon by a law-enforcement agency of the state 30 days after relinquishment (Sec. 1).

• Requires the Secretary of the Department of Safety and Homeland Security (DSHS) to establish and administer a compensation program for Delaware residents only to allow a delaware resident in possession of a destructive weapon to relinquish the destructive weapon to DSHS or a participating local law enforcement agency in exchange for a monetary payment (Sec. 2).

• Requires the Secretary of DSHS to adopt rules to implement the compensation program, including the following (Sec. 2):

• That the compensation program be implemented between July 1, 2018, and June 30, 2019, at locations in regions throughout the State;

• The the compensation program allow an individual to relinquish a destructive weapon in exchange for a compensation in $100 for each bump stock device, and $15 for each trigger crank;

• That establishes the method for providing the monetary payment and reimbursing a participating law enforcement agency for payments made to individuals under this compensation program;

• That the compensation program is subject to the availability of funds appropriated for this specific purpose.

• Specifies that this subsection does not create a right or entitlement in an individual to receive monetary payment under the compensation program (Sec. 2).

• Requires the Secretary of DSHS to submit a report to the General Assembly by December 30, 2019, providing the results of the compensation program, including the number of bump stocks and trigger cranks relinquished to law enforcement by county and the total amount expended under the program (Sec. 2).

Full Bill Text