An Act To Amend Title 11 Of The Delaware Code Relating To The Possession Of Firearms By Persons Prohibited.

SB 12 An Act To Amend Title 11 Of The Delaware Code Relating To The Possession Of Firearms By Persons Prohibited

Delaware 148th General Assembly

An Act To Amend Title 11 Of The Delaware Code Relating To The Possession Of Firearms By Persons Prohibited.
SB-12


About SB-12

This Act closes two significant loopholes in Delaware law in order to ensure that punishment for the illegal possession of firearms by violent persons is certain. First, by adding a definition for “convicted” or “conviction” that includes adjudications of delinquency occurring on or after a person’s 16th birthday, this Act requires mandatory minimum sentences for adults who possess firearms and were convicted of a violent crime when they were 16 or 17 years of age. Currently, Delaware law excludes those persons adjudicated delinquent of violent felonies from mandatory minimum sentencing if they are later convicted of illegal possession of a firearm as adults. Second, this Act requires mandatory minimum sentences for those who repeatedly violate Delaware’s illegal possession law. Currently, a person who is prohibited from possessing a firearm for reasons other than the commission of a violent felony (e.g. a person who has committed a misdemeanor act of domestic violence) can be convicted of illegal possession repeatedly without facing any mandatory minimum sentence. Additionally, this Act makes technical corrections consistent with legislative drafting conventions.

  

Bill Texts

Draft 01/20/2015

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History

Amendment Sa 1 - Introduced And Placed With The Bill In Senate

05/13/2015

Assigned To Judiciary Committee In Senate

01/20/2015