2022 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 5. SPECIFIC OFFENSES
Subchapter VII. Offenses Against Public Health, Order and Decency
§ 1469. Large-capacity magazines prohibited; class E felony; class B misdemeanor; or civil violation [Effective until Jan. 1, 2024].
(a) Except as otherwise provided in subsections (c) through (e) of this section, it is unlawful for a person to manufacture, sell, offer for sale, purchase, receive, transfer, or possess a large-capacity magazine.
(b) (1) A violation of this section which is a first offense which only involves possession of a large capacity magazine is a civil penalty of $100.
(2) A second violation of this section which only involves possession of a large capacity magazine is a class B misdemeanor.
(3) All other violations of this section, including a subsequent offense involving only possession of a large capacity magazine are a class E felony.
(4) A large-capacity magazine is subject to forfeiture for a violation of this section.
(5) The Superior Court has exclusive jurisdiction over violations under subsections (b)(2) and (b)(3) of this section.
(c) This section does not apply to any of the following:
(1) Personnel of the United States government or a unit of that government who are acting within the scope of official business.
(2) Members of the armed forces of the United States or of the National Guard who are acting within the scope of official business.
(3) A law-enforcement officer.
(4) A qualified retired law-enforcement officer.
(5) An individual who holds a valid concealed carry permit issued by the Superior Court under § 1441 of this title.
(6) A licensed firearms dealer that sells a large-capacity magazine to another licensed firearms dealer or to an individual exempt under paragraphs (c)(1) through (5) of this section.
(7) A large-capacity magazine that a person has rendered permanently inoperable or has permanently modified to accept 17 rounds of ammunition or less.
(d) (1) The Secretary of the Department of Safety and Homeland Security (“Secretary”) shall establish and administer a compensation program for residents of this State to allow a resident in possession of a large-capacity magazine on August 29, 2022, to relinquish the large-capacity magazine to the Department of Safety and Homeland Security (“Department”) or a participating local law-enforcement agency in exchange for a monetary payment established under this subsection.
(2) The Secretary shall adopt rules to implement the compensation program, including the following:
a. That the compensation program be implemented between June 30, 2022, and June 30, 2023, at locations throughout this State. The Department shall coordinate with local law-enforcement agencies in implementing the program.
b. That the compensation program allows a resident to relinquish a large-capacity magazine to the Department, or a local law-enforcement agency participating in the program, in exchange for a compensation in the amount of the market rate for each large-capacity magazine.
c. That establishes the method for providing the monetary payment and reimbursing a participating law-enforcement agency for payments made to residents under the compensation program.
d. That the compensation program is subject to the availability of funds appropriated for this specific purpose by the General Assembly. This subsection does not create a right or entitlement in a resident to receive a monetary payment under the compensation program.
(3) The Secretary shall submit a report to the General Assembly by December 29, 2023, providing the results of the compensation program, including the number of large-capacity magazines relinquished to law-enforcement agencies, by county, and the total amount expended under the program.
(e) This section does not apply to any of the following:
(1) A person who manufactures a large-capacity magazine, if the person manufactures the large-capacity magazine with the intent to sell the large-capacity magazine, or offer the large-capacity magazine for sale, to a person outside of this State.
(2) A person who ships or transports a large-capacity magazine for a person under paragraph (e)(1) of this section.
