HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE BILL NO. 275

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE LOSS OR THEFT OF A FIREARM.

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

Section 1. Amend § 1461, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1461. Report of loss, theft of firearm.

(a) Any owner of a firearm, defined in § 222 of this title, shall report the loss or theft of the firearm within 7 days after the discovery of the loss or theft to either:

(1) The law-enforcement agency having jurisdiction over the location where the loss or theft of the firearm occurred; or

(2) Any State Police troop.

(b) Whoever is convicted of a violation of this section shall:

(1) For the first offense, be guilty of a violation and be subject to a civil penalty of not less than $75 nor more than $100.

(2) For a second offense committed at any time after the sentencing or adjudication of a first offense, be guilty of a violation and be subject to a civil penalty of not less than $100 nor more than $250. Class A misdemeanor. The Superior Court has exclusive jurisdiction over offenses under this section.

(3) For a third or subsequent offense committed at any time after the sentencing or adjudication of a second offense, be guilty of a class G felony.

SYNOPSIS

This bill increases the penalties for a second offense of a firearm owner’s failure to report the loss of theft of a firearm pursuant to the statute from just a civil penalty to a Class A misdemeanor, which is punishable by a fine of up to $2,300 and incarceration of up to 1 year.