AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO GUN SAFETY EQUIPMENT.

Plain English Breakdown

The official source confirms immunity applies only if pamphlets are from a local/national gun safety organization or hospital, which is covered by 'safety information pamphlet' but could be more specific.

Law Protecting Nonprofits Giving Out Gun Safety Devices

This law protects nonprofit groups from being sued if they give away new, unopened gun locks and safes along with a safety pamphlet.

What This Bill Does

• Creates legal protection for nonprofits that give free gun storage devices to people.
• Requires the devices to be brand new, in original packaging, and still sealed when given out.
• Mandates that a gun safety information pamphlet must be included with every device distributed.
• Defines secure gun storage as items like cable locks, trigger locks, or gun safes based on federal law.
• States that this protection does not stop lawsuits against the companies that make or sell these devices.

Who It Names or Affects

• Nonprofit organizations in Delaware
• Individuals who receive free gun safety equipment from nonprofits

Terms To Know

Immunity

Legal protection that stops a person or group from being sued for damages.

Secure Gun Storage Device

Items like cable locks, trigger locks, or safes used to keep guns safe and locked away.

Limits and Unknowns

• The law only applies if the device is distributed in its original packaging and unopened.
• This protection does not apply to manufacturers, distributors, or retailers of the devices.
• The effective date for when this law starts working has not been listed in the provided text.

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO GUN SAFETY EQUIPMENT.
This Act provides immunity to nonprofit organizations who distribute new secure gun storage and safety devices to individuals so long as the devices are distributed in their original packaging and are unopened. The nonprofit must provide gun safety pamphlets with the distribution of gun storage and safety devices. This Act does not limit any liability on the part of the manufacturer, distributor, or retailer of the secure gun storage or safety device.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Gorman & Rep. Griffith & Rep. Bush & Rep. Romer & Sen. Lockman

Reps. Burns, Snyder-Hall; Sen. Sokola

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 154

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO GUN SAFETY EQUIPMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 68, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Subchapter VIII. Immunity for Distribution of Secure Gun Storage or Safety Devices

§ 6860. Definition.

For purposes of this subchapter, “secure gun storage or safety device” means as defined by 18 U.S.C. § 921(a)(34). A “secure gun storage or safety device” includes cable locks, trigger locks, or gun safes.

§ 6861. Distribution of secure gun storage or safety devices.

(a) A nonprofit organization that distributes new secure gun storage or safety devices free of charge to an individual is not liable for civil damages arising out of any injury to person or property proximately caused by an alleged defect in the design, manufacturing, maintenance, or operation of the secure gun storage or safety device.

(b) Subsection (a) of this section only applies where the nonprofit organization does all of the following:

(1) The secure gun storage or safety device vice is distributed by the nonprofit organization in its original packaging and unopened.

(2) The secure gun storage or safety device is distributed with an information pamphlet about gun safety developed by a local or national gun safety organization or hospital.

(c) Nothing in this section is intended to limit any liability on the part of a manufacturer, distributor, or retailer of the secure gun storage or safety device.

SYNOPSIS

This Act provides immunity to nonprofit organizations who distribute new secure gun storage and safety devices to individuals so long as the devices are distributed in their original packaging and are unopened. The nonprofit must provide gun safety pamphlets with the distribution of gun storage and safety devices. This Act does not limit any liability on the part of the manufacturer, distributor, or retailer of the secure gun storage or safety device.