Delaware HB 4

This Act amends Chapters 1, 5, 7, and 17 of Title 7 of the Delaware Code to be consistent with the recent legislative change of the definition of a firearm in Title 11. This Act is needed to address public safety and enforcement concerns. Archery equipment and air guns are no longer classified as firearms and the proposed amendments would continue to make certain actions and activities with these “projectile weapons” prohibited, such as having these weapons loaded or discharged from a vehicle, road, or within a designated safety zone. The Act recognizes that there are certain actions and activities with “projectile weapons,” that should continue to be prohibited even though they are no longer classified as “firearms.” This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court. Section 1309 of Title 7 of the Delaware Code provides that the Justice of the Peace Court has jurisdiction of the offenses being amended by this Act.