SPONSOR:	Sen. Marshall & Rep. Mitchell

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE BILL NO. 141

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREARM RECOVERY

Section 1. Amend Chapter 104, Title 16 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

§10401. Purpose.

The purpose of this chapter is to provide a mechanism to safely remove illegal, unsecured, abandoned, or unwanted firearms from local communities.

§10402. Definitions.

For purposes of this chapter,

(1) "Agency" means local municipal police departments, the New Castle County Police Department and the Delaware State Police.

(2) "CFRP" shall mean Community Firearm Recovery Program.

(3) "Firearm" means any firearm as defined in §222(12) of Title 11.

(4) "Secretary" shall mean the Secretary of Safety and Homeland Security.

§10403. Program.

The CFRP is hereby established and shall be implemented by the agencies as funds are allocated. Within 3 months of receipt of funding, the agency shall:

(1) In coordination with the community groups within its jurisdiction, select a location site for purposes of implementing a Community Firearm Recovery Program; and,

(2) Designate dates and times when a participating individual may surrender a firearm as defined in §10402(3) of this title in exchange for funds of a predetermined value, or gift certificate or coupon of equal value. The participating agency shall determine the amounts to be exchanged for each firearm surrendered.

(3) It is a permissible use of the CFRP for funds to be used for the purchase of weapons by undercover law enforcement officers of an Agency regardless of whether or not the weapons are possessed illegally.

§10404. Funding.

Under this section, the "Firearms Recovery Fund" shall be established. The Secretary of Safety and Homeland Security shall promulgate rules and regulations for the implementation of this Program, the distribution of funds, and for the safe storage and disposal of recovered weapons in the possession of the participating law-enforcement agency. For purposes of this chapter, "disposal" may include the sale or transfer of the firearms to a federal licensed dealer, defined as a person licensed as a firearms collector, dealer, importer, or manufacturer under the provisions of 18 U.S.C. §922 et seq., or destruction of the firearms.

§10405. Personal identification and immunity.

Any individual who elects to surrender a firearm anonymously to a CFRP may do so and personal identification shall not be required to be presented at the time of redemption. Notwithstanding any law to the contrary, any person participating in a CFRP shall be immune from criminal prosecution for the criminal offenses defined in §§1442 and 1444 of Title 11, provided the person is, in good faith, on an immediate, direct route to the predetermined CFRP site.