By Joseph Edelen

DOVER — For over a decade, Delaware lawmakers have weighed changes to the state code’s legal definition of “firearm.”

In recent years, efforts to curtail gun violence have brought this wrinkle in state law back to the forefront, as legislators — namely, Republican Rep. Jeff Spiegelman of Clayton — have pushed back on firearm control measures due to the broad definition.

Currently, the term is one of the broadest in the nation, as it includes objects like crossbows, nail and paintball guns, slingshots and even staplers. Delaware’s law is not in line with the 49 other states’ and Washington, D.C.’s, nor the federal definition of “firearm.”

“That’s how broad the definition of ‘firearm’ is in Delaware Code, which means that, … especially when people move from out of state, there are … a lot of things that they would use in other states that could get them jammed up here in Delaware … as a firearm,” said Senate Minority Whip Brian Pettyjohn, R-Georgetown, during the consideration of House Bill 357 on Thursday.

After passage in the Senate, the bill returned to the House for a final vote Sunday, as Rep. Spiegelman explained that the Senate amended the bill to push its effective date to Feb. 1, 2025.

Under the proposal, a firearm would be defined as any weapon from which a shot, projectile or other object can be discharged by force, combustion, explosive, gas or mechanical means, as well as any weapon that is designed or could be readily converted for such.

To separate the ambiguity of current law, the measure also creates a new definition for “deadly weapon,” which would include firearms, bombs, knives, brass knuckles, slingshots and razors.

The legislation follows the work of the Firearm Definition Task Force, which determined in its legislative report that a “more nuanced approach” is needed in regard to the firearm statute, which was first implemented in 1983.

When the Delaware Criminal Code was first adopted in 1972, the word “firearm” appeared nine times in the law, according to Senate Concurrent Resolution 102, which established the task force. Since the updated 1983 definition, “firearm” now appears more than 194 times.

After HB 357 received final passage in the House on Sunday, Rep. Spiegelman said that, while lawmakers have used examples like staplers or slingshots to bring attention to the broad “firearm” definition, there are instances that could “potentially really destroy somebody’s life.”

For example, he pointed to Newark Democratic Rep. Cyndie Romer’s bill, which bars firearm possession on college campuses and would technically apply to a student who plays paintball and may keep a paintball gun in his or her car or dorm.

“Another one is construction. It’s an occupation where … people who are getting out of prison, we encourage them to take up construction jobs. It’s a high-paying good job for somebody who is trying to put their life back together after being incarcerated,” Rep. Spiegelman said.

“That’s a person prohibited from owning a firearm, and the nail gun they’re using is a firearm. So, when that person is on a job site, an estranged boyfriend or estranged girlfriend, really angry at them, could potentially pick up the phone, call the police and say he’s got a gun. Technically, they’re right, and that puts the police in an awkward position.”

Rep. Spiegelman said he is hopeful the legislation will remedy some of the discrepancies that come with the broad definition.

And, while he has not gauged the governor’s stance on the bill, he did note that the amendment to delay implementation was to buy time to address how the legislation could impact state regulations related to firearms, such as hunting.

HB 357 passed the House with overwhelming support Sunday and now awaits Gov. John Carney’s signature to become law.