By Matt Bittle

DOVER — A bill to ban large-capacity firearm magazines is set for a vote in modified form in the Delaware House on Thursday.

Senate Bill 6 would outlaw magazines capable of holding more than 17 rounds, creating a buyback program and giving Delaware gun owners until June 30, 2022, to sell their magazines to the state for $10 apiece. An amendment filed Wednesday would lift the limit to 20 rounds for handguns and 30 for long guns. It would also forbid the transfer but not the possession of such magazines, in essence grandfathering in magazines already owned.

The original bill, which the Senate passed 13-8 in April, defined a large-capacity magazine as including “an ammunition feeding device with a removable floor plate or end plate, if the device can readily be extended to accept more than 17 rounds of ammunition.” That definition is overly broad, meaning that if it becomes law, the legislation would technically outlaw almost all guns.

Under the amendment, a person in possession of a large-capacity magazine during the commission of a felony could be charged with a class B felony, which carries a prison sentence of up to 25 years. Transferring one to another individual would be a class E felony, which has a maximum sentence of five years.

“When we were confronted with that issue, we had to begin looking at a definition that would address the root issue we are trying to solve. In my community, that problem is extended magazines that allow someone to fire countless bullets without having to reload,” Rep. Nnamdi Chukwuocha, a Wilmington Democrat who is a co-sponsor of the bill and the main sponsor of the amendment, said in a statement.

“Those after-market magazines — the so-called ‘banana clips,’ drums and other devices that hold dozens of rounds — are the contraptions we have to get off our streets and stop selling in Delaware. This amendment provides a clear, realistic and critical step forward in addressing that root problem by creating an enforceable law that can actually achieve its stated goals.”

The amendment would also eliminate the mandatory relinquishment and the buyback program.

“Since I was elected in 2012, we have considered and passed several bills strengthening our firearm laws and protecting residents from gun violence. Whether it’s closing the Charleston Loophole, passing red flag laws or toughening background checks, I’m proud to have voted for every one of these bills and will continue to support all efforts to make our communities safer,” Rep. Kim Williams, a Newport Democrat and co-sponsor, said in a statement. “However, I can’t vote for a bill that would make nearly every gun owner in the state — including myself — a criminal. This amendment gets to the heart of the matter and will address these after-market large-capacity magazines.”

In its release Wednesday, the House Democratic caucus noted that several of the legislators sponsoring the amendment have been given the lowest possible grade by the National Rifle Association.

If the bill passes with the amendment, it must go through the Senate again. Whether Senate Democrats choose to accept the changes remains to be seen — they could try to further amend the legislation and send the modified version back to the House, in similar fashion to a 2018 bill banning bump stocks that passed the Senate twice and House thrice.

June 30 is the last regularly scheduled day of the 2021 legislative session.