HB418 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO…

Plain English Breakdown

The effective date is listed as 'upon enactment' but no specific calendar date is provided in the source text.

HB418: Updates to Delaware's Rules for Unserialized Firearms

This bill updates Delaware laws by giving people who legally owned certain unserialized firearms before the law takes effect a six-month window to either add serial numbers or destroy them, while keeping bans on making new ones.

What This Bill Does

Defines exactly how to make a firearm permanently inoperable so it cannot be fired again and cannot be easily fixed with ordinary tools.
Allows people who legally owned unserialized firearms before the law takes effect (or moved into Delaware) six months to get them serialized by a licensed dealer or destroy them.
Requires that any newly serialized item go through a background check before it is returned to the owner.
Aligns state rules for adding serial numbers with federal size and depth standards under 18 U.S.C. § 923(i).
Keeps the ban on possessing or making untraceable firearms but adds exceptions for people who already owned them legally.

Who It Names or Affects

People in Delaware who legally possessed unfinished firearm frames without serial numbers before this law takes effect.
People who moved into Delaware with such items after acquiring them legally elsewhere.
Federally licensed firearm dealers and manufacturers who add serial numbers to weapons.

Terms To Know

Unfinished firearm frame or receiver: A part of a gun that does not yet have a serial number and can be finished to fire, often called an '80 percent' lower in common speech.
Permanently inoperable: Changed so the weapon cannot shoot or be easily fixed using normal tools; cosmetic damage alone is not enough. It must involve welding, filling, cutting, or destroying parts consistent with federal standards.
Serialization: The process of adding a unique identification number to a firearm frame by a licensed dealer that meets federal size and depth rules.

Limits and Unknowns

The bill takes effect upon enactment, but the specific calendar date is not listed in this text.
It is unclear if people who move into Delaware with these items have already started their six-month window or when exactly they must finish.

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FIREARMS.
This Act serves to clean up Delaware’s ghost gun law to address issues raised in ongoing litigation. This Act primarily creates a clear path for individuals who legally possessed unserialized firearms prior to the law’s enactment to come into compliance, either by having them serialized through a federally licensed dealer or rendering them permanently inoperable. This Act also clarifies definitions and aligns the law with federal serialization standards, while preserving the underlying prohibition on untraceable firearms.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. K. Johnson & Rep. Griffith & Sen. Sturgeon

Reps. Morrison, Gorman, Romer, Harris

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 418

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FIREARMS.

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

Section 1. Amend § 222, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 222. General definitions.

When used in this Criminal Code:

( ) “Permanently inoperable” means rendered incapable of discharging a projectile by means of an explosive and incapable of being readily restored to a functional state. Cosmetic damage, partial disassembly, removal of parts, or temporary disabling does not constitute permanent inoperability. A firearm or unfinished firearm frame or receiver is permanently inoperable only if the alteration is irreversible and not susceptible to restoration through ordinary tools or commonly available equipment and at least one of the following apply:

a. The frame or receiver has been welded, filled, or otherwise permanently altered so that it cannot accept or house fire control components.

b. The barrel has been permanently welded closed or permanently obstructed.

c. The frame or receiver has been cut, torch-cut, or otherwise destroyed in a manner consistent with federal standards for firearm destruction under 27 C.F.R. § 478.92 or guidance issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Section 2. Amend § 1459A, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1459A. Possession of an unfinished firearm frame or receiver with no serial number.

(a) No person

shall

may

knowingly transport, ship, transfer, or sell an unfinished firearm frame or

receiver

receiver, except as provided in subsection (e) of this section,

unless all of the following apply:

(b) No person

shall

may

knowingly possess an unfinished firearm frame or receiver that does not have the name of the manufacturer and individual serial number conspicuously placed on it or on a major component of the firearm into which the unfinished firearm frame or receiver will be

housed.

housed, except as provided in subsection (e) of this section.

(e)(1) Notwithstanding subsection (b) of this section, a person who lawfully possessed an unfinished firearm frame or receiver prior to [the effective date of this Act], or who lawfully acquired an unfinished firearm frame or receiver in another jurisdiction and subsequently moved into this State, may retain possession of the unfinished firearm frame or receiver only if, within 6 months of establishing residency in this State or within 6 months of [the effective date of this Act], whichever is later, the person does one of the following:

a. Has the unfinished firearm frame or receiver imprinted with a serial number by a federally licensed firearm dealer or federally licensed firearm manufacturer in accordance with federal law.

b. Renders the unfinished firearm frame or receiver permanently inoperable.

(2) A federally licensed firearm dealer or federally licensed firearm manufacturer may imprint a serial number under paragraph (1)(a) of this subsection. The serial number must:

a. Be unique to the licensee.

b. Comply with 18 U.S.C. § 923(i) and applicable federal regulations, including minimum size and depth requirements.

c. Be recorded and maintained in accordance with federal record-keeping requirements.

(3) The return of a newly serialized unfinished firearm frame or receiver constitutes a transfer subject to a background check under § 1448A of this title. If the transfer is denied, the licensee must surrender the item to law enforcement.

(4) A temporary transfer solely for the purpose of serialization under this subsection is not unlawful possession or transfer.

Section 3. Amend § 1463, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1463. Untraceable firearms; class E or D felony.

(a) A person is guilty of possessing an untraceable firearm when then person knowingly possesses an untraceable

firearm.

firearm, except as provided under subsection (f) of this section.

(b) A person is guilty of manufacturing an untraceable firearm when the person knowingly manufactures, assembles, causes to be manufactured or assembled, sells, or transfers an untraceable

firearm.

firearm, except that a transfer solely for serialization under subsection (f) of this section is not a violation.

(f) (1) Notwithstanding subsections (a) and (b) of this section, a person who lawfully possessed a firearm that does not bear a serial number prior to [the effective date of this Act], or who lawfully acquired such firearm in another jurisdiction and subsequently moved into this State, may retain possession of the firearm only if, within 6 months of establishing residency in this State or within 6 months of [the effective date of this Act], whichever is later, the person does one of the following:

a. Has the firearm imprinted with a serial number by a federally licensed firearm dealer or federally licensed firearm manufacturer in accordance with federal law.

b. Renders the firearm permanently inoperable.

(2) A federally licensed firearm dealer or federally licensed firearm manufacturer may imprint a serial number under paragraph (1)(a) of this subsection. The serial number must comply with 18 U.S.C. § 923(i) and applicable federal regulations, including minimum size and depth requirements.

(3) The licensee must maintain records of serialization and transfer in accordance with federal law.

(4) The return of a newly serialized firearm constitutes a transfer subject to a background check under § 1448A of this title. If the transfer is denied, the licensee must surrender the item to law enforcement.

(5) A temporary transfer solely for the purpose of serialization under this subsection is not unlawful manufacture, possession, or transfer.

Section 4. This Act takes effect upon enactment.

SYNOPSIS

This Act serves to clean up Delaware’s ghost gun law to address issues raised in ongoing litigation. This Act primarily creates a clear path for individuals who legally possessed unserialized firearms prior to the law’s enactment to come into compliance, either by having them serialized through a federally licensed dealer or rendering them permanently inoperable. This Act also clarifies definitions and aligns the law with federal serialization standards, while preserving the underlying prohibition on untraceable firearms.