Legislative Update

Posted on 06-22-2022

We have been following a few Bills in both the House and Senate of our 151st General Assembly.

Notable: Legislation which would remove our right to protect ourselves under both the U.S. Constitution /Bill of Rights as well as our own Delaware Constitution. In addition, it would appear our Delaware Majority Caucus has taken it upon themselves to subvert the Delaware Constitution and alter our method to vote in this state without use of proper constitutional ratification requirements. Several of these pieces of legislation will be brought forth in the GA today. Please see the list below.


HB 451 & Election Bill HB 25 added to the Senate agenda

Gun bill HB 451 w/ HA 3, 6, & 8

Original Synopsis:

This bill makes a person under the age of 21 prohibited from purchasing, owning, possessing, or controlling a firearm or ammunition of a firearm except under limited circumstances. Those circumstances are if the person is 18 years of age or older and an active member of the Armed Forces, a qualified law-enforcement officer, or has a license to carry a concealed deadly weapon. The Act does not apply to shotguns and shotgun ammunition, muzzle-loading rifles, and deadly weapons other than firearms, thus allowing those persons who are 18 to 21 years of age to purchase, own, control or possess such deadly weapons. Persons under the age of 21 may possess or control a firearm for the purpose of engaging in lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of a person 21 year of age or older. This bill also makes changes to § 1445 of Title 11—Unlawfully dealing with a dangerous weapon to be consistent with the changes made to § 1448 of Title 11. In addition, the bill only criminalizes the control of a weapon which by compressed air or by spring discharges or projects a pellet, slug, or bullet by a person who is not a qualified law enforcement officer if such pellet, slug, or bullet is larger than .177 caliber shot.

Election Bill HS 1 for HB 25 w/ HA1 was added to the Senate agenda


Original Synopsis:

This bill provides for election day registration for presidential primary, primary, special, and general elections whereas currently the deadline is the fourth Saturday prior to the date of the election. Moreover, same day registration at polling places will be permitted with submission of an application along with a copy of a current and valid government issued photo identification or a current government document displaying the name and address of the person registering to vote. The effective date is January 1, 2022.


Original Synopsis:

This amendment corrects a reference to other documents that may be used to prove the name and address of a person registering to vote, by removing the word “government” as some of the permissible documents are not government documents. It also removes the effective date clause.

House Administration Meeting Notice:  Date/Time: 6/22/22 11:00 AM    
Senate Bill 8 https://legis.delaware.gov/BillDetail?legislationId=119650
Original Synopsis:
This Act defines machine gun as it is defined under federal law. Defining machine gun makes clear the types of weapons prohibited under Delaware law, including an auto sear, or “glock switch”, which transforms a semiautomatic gun into a machine gun. Additionally, this Act prohibits a person from making a destructive weapon, including a machine gun. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This would close the Manufacturing plant in Georgetown, Senator Pettyjohn requested an amendment in order to save the jobs but was rejected.

  Senate Bill 302 https://legis.delaware.gov/BillDetail?legislationId=129672  
Original Synopsis:
This Act is named for Keshall “KeKe” Anderson. KeKe was an innocent bystander who was killed in a 2016 shooting involving a firearm purchased through a straw purchase. In 2019, in a lawsuit by KeKe’s family against the dealer of the firearm involved in her death, the Delaware Supreme Court affirmed the Superior Court’s decision interpreting § 1448A of Title 11 of the Delaware Code to grant a firearm dealer full immunity from liability, even if the firearm dealer is negligent in selling a firearm to a straw purchaser. See Summers v. Cabela’s Wholesale, Inc., 2019 Del. Super. LEXIS 156 (Del. Super. 2019), aff’d, Summers v. Cabela’s Wholesale, Inc., 2019 Del. LEXIS 524 (Del. 2019). The repeal in Section 2 of this Act means victims and their families may seek relief from courts and juries instead of being denied their day in court. Section 3 of this Act provides a cause of action to enable firearm manufacturers and retail dealers to be held accountable when they knowingly or recklessly take actions that endanger the health and safety of residents of this State through the sale, manufacture, distribution, and marketing of firearm-related products.
(This could cause all small firearms shops to be closed due to the refusal of ins. co. willingness to insure them / the egregious cost associated with such an act as per arguments on the floor last Thursday by Senator Hocker)

Senate Bill 320 https://legis.delaware.gov/BillDetail?legislationId=129685  
Original Synopsis: This bill establishes voting by mail under the General Assembly’s broad powers under § 1, Article V of the Delaware Constitution to “prescribe the means, methods and instruments of voting”.    

  Senate Bill 323 Pettyjohn ENDORSE!!  YES VOTE!
This is to save the Georgetown Manufacturing Jobs

In person or dial-up testimony.   Live stream viewing is available.       https://legis.delaware.gov/MeetingNotice/32890