Delaware legislators trying to rewrite state's gun code – 47abc

Delaware recently passed Permit-to-Purchase legislation through its House and Senate, with the bill only awaiting Governor John Carney’s to be acted into law. This came as a win for gun control advocates, as the bill will lengthen the process of acquiring a handgun with more paperwork and background checks. But now, Delaware legislators are taking a step back in order to address the big-picture problem with the state’s gun laws.

Delaware’s gun code stands as an outlier among the other 49 states. State Representative Jeff Spiegleman summarized it by saying “anything that fires anything” is technically considered a firearm in the state’s current language.

Rep. Spiegleman is the primary sponsor of House Bill 357. It seeks to redefine what the state considers a firearm. He said that enforcing the current broad definition can lead to unintended consequences: “What it really means is that we have a real chance of accidentally sending someone to jail for something that common sense says they didn’t do, but the law says they did.”

It’s this tension between common sense and technical language that is at the heart of the bill. Delaware State Sportmen’s Association (DSSA) President Jeff Hague has been in favor of updating the code for nearly a decade. He was appointed by Speaker of the House Valerie Longhurst to the task force that met a number of times over the past year, with the goal of crafting legislation that would refine what Delaware code considers a firearm. Hague said, “As ridiculous as it may sound, even the air cannons they use for Punkin Chunkin would be considered a firearm under the definition.”

HB 357 creates a category separate from firearms labeled “projectile weapons” that would include things like crossbows, air bows, and even nail guns. All of these are objects that can be used as a weapon, but everyone agrees they should not be legally referred to as guns.

Hague drew parallels connecting projectile weapons to deadly weapons in how the law considers them: “It’s much like ‘deadly weapon’. Deadly weapon says ‘includes the following:’ but it’s not an exhaustive list. It’s essentially any weapon that can be used that causes someone’s death. It serves as a guideline [saying] these types of objects can be used and are considered dangerous and it’s illegal to use them in a criminal manner. Doesn’t mean you can’t possess them.”

Rep. Spiegleman said, “We crafted a best-practices approach to this that makes sure: if you rob a liquor store with one of these implements, it’s the equivalent of a firearms violation. But it’s not a firearm.”

The bill currently awaits the House Judiciary Committee.