Bill Text: DE HB275 | 2021-2022 | 151st General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Loss Or Theft Of A Firearm.
Spectrum: Moderate Partisan Bill (Democrat 18-2)
Status: (Introduced - Dead) 2022-03-16 - Reported Out of Committee (Judiciary) in House with 3 Favorable, 7 On Its Merits [HB275 Detail]
Download: Delaware-2021-HB275-Draft.html
|
SPONSOR: |
Rep. Matthews & Rep. K. Williams & Rep. Ramone & Rep. Michael Smith & Sen. Walsh |
|
Reps. Cooke, Griffith, Heffernan, K. Johnson, Longhurst, Lynn, Minor-Brown, Mitchell, Osienski, Schwartzkopf; Sens. Gay, Hansen, Sokola |
HOUSE OF REPRESENTATIVES
151st GENERAL ASSEMBLY
HOUSE BILL NO. 275
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE LOSS OR THEFT OF A FIREARM.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 1461, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1461. Report of loss, theft of firearm.
(a) Any owner of a firearm, defined in § 222 of this title, shall report the loss or theft of the firearm within 7 days after the discovery of the loss or theft to either:
(1) The law-enforcement agency having jurisdiction over the location where the loss or theft of the firearm occurred; or
(b) Whoever is convicted of a violation of this section shall:
(1) For the first offense, be guilty of a violation and be subject to a civil penalty of not less than $75 nor more than $100.
(2) For a second offense committed at any time after the sentencing or adjudication of a first offense, be guilty of a violation and be subject to a civil penalty of not less than $100 nor more than $250. Class A misdemeanor. The Superior Court has exclusive jurisdiction over offenses under this section.
(3) For a third or subsequent offense committed at any time after the sentencing or adjudication of a second offense, be guilty of a class G felony.
SYNOPSIS
This bill increases the penalties for a second offense of a firearm owner’s failure to report the loss of theft of a firearm pursuant to the statute from just a civil penalty to a Class A misdemeanor, which is punishable by a fine of up to $2,300 and incarceration of up to 1 year.
