SPONSOR:	Rep. Barbieri & Sen. Sokola
	Reps. Baumbach, Bolden, Heffernan, Jaques, Kowalko, Lynn

HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY

HOUSE BILL NO. 168

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

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

Section 1.Amend Section 1456, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1456.Unlawfully permitting a minor access to a firearm Unsafe storage of a firearm; class A misdemeanor; class B misdemeanor.

(a) A person is guilty of unlawfully permitting a minor access to unsafe storage of a firearm when the person intentionally or recklessly stores or leaves a loaded firearm within the reach or easy access of a minor an unauthorized person and where an unauthorized person obtains the firearm and where the minor obtains the firearm and uses it to inflict serious physical injury or death upon the minor or any other person.

(b) As used in this section, the term "unauthorized person" means a minor or persons prohibited by state or federal law from owning or possessing firearms.

(b) (c) It shall be an affirmative defense to a prosecution under this section if:

(1) The firearm was stored in a locked box or container, was disabled with a trigger lock, or was stored in a location which a reasonable person would have believed to be secure from access to a minor by an unauthorized person; or

(2) The minor unauthorized person obtains the firearm as the result of an unlawful entry by any person.; or

(3) The serious physical injuries or death to the minor or any other person results from a target or sport shooting accident or hunting accident.

(c) (d) Unlawfully permitting a minor access to Unsafe storage of a firearm is a class A class B misdemeanor, unless the unauthorized person commits or attempts to commit a crime with the firearm, inflicts injury or death upon any person including himself, or transfers or attempts to transfer the firearm to another unauthorized person, in which case it is a class A misdemeanor.

(e) The Superior Court shall have jurisdiction over offenses under this section.

SYNOPSIS

This Act revises the crime of "unlawfully permitting a minor access to a firearm," an existing class A misdemeanor under Delaware law. The offense is renamed "unsafe storage of a firearm" to place emphasis on firearm safety and proper storage.Under the revised statute a crime is committed where a person intentionally or recklessly leaves a loaded firearm where a minor or other person prohibited by law could access that firearm – and the firearm is actually obtained by an unauthorized person.The offense is a class B misdemeanor.If there is an aggravating circumstance – such as the unauthorized person using the gun to commit a crime, then the offense is a Class A misdemeanor.It is an affirmative defense to this crime that the person stored the firearm in a locked container or with a trigger lock or otherwise in a location a reasonable person would have thought was safe from access by an unauthorized person.