HB 63 - Amends Firearms Storage Regulations - Delaware Key Vote

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Title: Amends Firearms Storage Regulations

Vote Smart's Synopsis:

Vote to pass a bill that amends firearm storage regulations and penalties.

Highlights:

Vote Smart staff and volunteers have provided this synopsis based on an initial review of the text and voting record of HB 63. We will continue to analyze the contents of this bill and will have more information available as soon as possible.

For further status information, email the Key Votes Department at votes@votesmart.org or call the Voter's Research Hotline at 1-888-VOTE-SMART (1-888-868-3762).

See How Your Politicians Voted

Title: Amends Firearms Storage Regulations

Vote Smart's Synopsis:

Vote to pass a bill that amends firearm storage regulations and penalties.

Highlights:

 

  • Specifies that an individual is guilty of unsafe storage of a firearm when they intentionally or recklessly store or leave a loaded firearm within the reach or easy access of an unauthorized person and the unauthorized person obtains the firearm (Sec 1).

  • Defines “unauthorized person” as a child or person prohibited by the state or federal government from owning or possessing a firearm (Sec. 1).

  • Specifies that unsafe storage of a firearm is a class A misdemeanor, if the unauthorized person does any of the following actions (Sec. 1):

    • Commits or attempts to commit a crime with the firearm;

    • Uses the firearms to inflict serious harm or death upon any person; or

    • Transfers or attempts to transfer the firearm to another unauthorized person.

  • Specifies that unsafe storage of a firearm without the additional offenses listed above will result in a class B misdemeanor (Sec. 1).

  • Authorizes an affirmative defense to a prosecutor if any of the following circumstances exist (Sec. 1):

    • A firearm was stored in a locked box or container, disabled with a properly engaged tamper-resistant trigger lock, rendering it inoperable by a person other than the owner or authorized person;

    • A firearm was stored in a location that a reasonable person would believe to be secure from an authorized person; or

    • An unauthorized person obtained the firearm as the result of an unlawful entry by any person.

  • Specifies that a firearm manufactured in or before the year 1899, or is a replica of such a firearm, or is redesigned to use rimfire or conventional fixed ammunition, is not subject to the regulations of this bill (Sec. 1).

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