GOVERNMENT

Bill redefining ‘firearm’ in Delaware Code passes House, heads to Senate

By Joseph Edelen
Posted 6/21/24

In the last two weeks, two bills have passed the state House of Representatives that have raised an ongoing question: What is the definition of a firearm in Delaware?

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GOVERNMENT

Bill redefining ‘firearm’ in Delaware Code passes House, heads to Senate

Posted

DOVER — In the last two weeks, two bills have passed the state House of Representatives that have raised an ongoing question: What is the definition of a firearm in Delaware?

A measure that passed the House on Thursday seeks to rectify that issue.

House Bill 357, sponsored by Rep. Jeff Spiegelman, R-Clayton, would redefine the term “firearm” to align with the definition outlined in the federal criminal background law — separating existing definitions in Delaware Code for objects like airsoft or paintball guns and slingshots from that of a typical firearm.

The proposal builds off the work of the Firearm Definition Task Force, which determined that a “more nuanced approach” is needed while creating the term of “projectile weapon,” which would also be considered a deadly weapon.

There were two bills in the House this week that tweaked firearm possession and safekeeping laws in certain circumstances — such as on a college campus or when storing a weapon in a vehicle.

The college campus bill is sponsored by Rep. Cyndie Romer, D-Newark, and the secure storage measure by Rep. Krista Griffith, D-Fairfax.

Rep. Romer’s bill passed the House on June 13, while Rep. Griffith’s cleared the chamber Tuesday. They are still pending in the Senate, but during the consideration of both in the House, Rep. Spiegelman pushed back on their technicalities due to Delaware’s definition of a firearm.

“I’m about to go into a whole diatribe about the definition of ‘firearm,’” he said Tuesday on the House floor, during debate about Rep. Griffith’s measure.

“This bill requires you to lock up your paintball gun, which, according to Rep. Romer, is kind of the point of the Title 11 definition. It requires you to lock up your nail guns; it requires you to lock up all these ‘dumb’ things that are not supposed to be, by any common sense, a definition of ‘firearm.’”

Under Rep. Spiegelman’s proposal, a firearm would be described 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.

It also creates a new definition in state code for “deadly weapon,” which would extend to firearms, bombs, knives, brass knuckles, slingshots and razors.

During the consideration of HB 357 on Thursday, Rep. Romer and other Democrats applauded his efforts to bring more clarity into law. Ultimately, she did vote against the legislation but noted that she never worked against its passage.

“I am voting no on this bill because I prefer the broad definition supported by (the Department of Justice), but I understand the inconsistencies of the definition that you are trying to achieve,” she said.

After her statements, a roll call vote resulted in 32 lawmakers voting yes and three no, with six absent. Those opposing were Rep. Romer; Rep. Paul Baumbach, D-Newark; and Rep. Larry Lambert, D-Claymont.

In response, Rep. Spiegelman thanked his colleagues, as well as those who served on the task force, for their effort in rectifying the inconsistencies.

“We were able to get a bill that, I think, allows Delaware’s best to continue to do what they’re doing now, … with the backing of the law,” he said. “It allows for a much more consistent set of laws when it comes to firearms and projectile weapons throughout the code; importantly, it doesn’t put people in danger of being put into prison for something that the law says they did but (that) no measure of common sense says they did.”

After the bill’s passage, it was assigned to the Senate Judiciary Committee for consideration.

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