Gun reforms passed by Delaware lawmakers this year and the efforts that fell short

Delaware lawmakers made gun safety a top priority again this year, sending several new measures to Gov. John Carney for his signature.

By June 30, the last day of the session, six gun bills had been passed in the state General Assembly. Two new bills have already been signed into law, while several never made it to a final vote.

Among the most significant included permit-to-purchase, which was signed on May 16.

Others included a bill to exempt firearms used for sports or recreation activities from being classified as copycat weapons; a bill that requires safe storage of a firearm in a vehicle via a locked box or container; and a bill that would create a statewide Do-Not-Sell Registry.

These bills follow a series of widespread changes and efforts to acknowledge and strengthen state laws on gun ownership and responsibility.

In 2022, Delaware passed a ban on assault weapons and high-capacity magazines and increased the purchasing age from 18 to 21 for most firearms.

“Where there’s more guns, there’s more violence,” Executive Director of Coalition for a Safer Delaware and the Delaware Coalition Against Gun Violence Traci Murphy said.

Here’s what we know about the recent bills passed this year.

Permit-to-purchase becomes law

First passed in both the House and the Senate in March, permit-to-purchase requires residents to complete a firearms training course and acquire a permit before buying a handgun.

The bill’s primary sponsor, Senate Majority Whip Elizabeth “Tizzy” Lockman has expressed “relief and gratitude” for the passage of the bill, as well as for the advancement of similar legislation passed this session.

“We have been making a lot of progress when it comes to gun policy, and we’re already seeing the positive impacts, and so I think [this law] is just going to enhance the progress we’re already seeing,” she said.

Sherrie Walker, a volunteer with the Delaware chapter for Moms Demand Action, and her husband were among those present in Legislative Hall when the bill was passed in the House on March 7.

“It seems pretty simple, but I think [this] will keep guns out of more dangerous hands going forward,” Walker, who also serves as the Membership Chair of the Delaware Beaches Group of the state chapter, said.

“We’ve made progress to keep our communities safe these past seven years," Gov. Carney said in a statement following the bill’s passage in the Senate back in March . "Passing this piece of legislation is another important step.”

Gov. Carney signed the bill into law on May 16. Permit-to-purchase is set to go into effect 18 months after passage.

Background: Delaware reinstated state background checks for guns in 2022. Why it hasn't taken effect

Guns used for sport, recreation get reprieve

First introduced in February 2024, Senate Bill 228 initially sought to alter the definition of “copycat weapon." This would allow for firearms used for sports or recreation, such as competitive target shooting, to be considered legal to purchase, possess, or transfer.

The bill was later substituted, explaining that, while semiautomatic weapons with a detachable ammunition magazine located somewhere outside the pistol grip are still prohibited, this would not apply to those intended for competitive shooting or competitive shooting practice.

With this exception, the bill was passed by the Senate on May 23 and the House on June 30.

Firearms unguarded in vehicles may lead to offense

According to one study , a total of 27 incidents of guns stolen from cars in Wilmington were reported in 2022, with the highest being 34 in 2021.

After reading the results of similar reports from the past five years, the bill’s primary sponsor, Rep. Krista Griffith, a Democrat representing central New Castle County, was encouraged to bring House Bill 155 to the floor – and believes it will help educate communities further on this ongoing problem.

“Our goal always with these pieces of legislation is to create better public safety,” she said. “I’m thrilled that [the bill] passed in both chambers of the House, and I’m looking forward to it hopefully being a good tool to help keep our communities safer.”

This bill would make the unsecured storage of a firearm in a vehicle guilty of a misdemeanor if a person “knowingly leaves a firearm unattended.” This includes if the firearm is not stored in a locked box, container, rack, or trunk.

The bill was initially introduced in May 2023 and was reported out of committee the following June.

An additional amendment was included last year. Supported by Rep. Jeff Spiegelman, a Republican representing southern Newark, it would consider glove compartments as locked containers, so long as it can be secured manually.

Registration for 'do-not-sell' at one's discretion

Originally introduced in March, House Bill 342 calls for the Superintendent of the Delaware State Police to produce a Do-Not-Sell Registry. This would allow residents to enroll and effectively “be prohibited from obtaining or possessing a firearm” of their own accord.

As a result, it would bar individuals from selling or transferring firearms to those enrolled on the Registry.

The bill also proposed the Superintendent develop a process to allow individuals to include or remove themselves from the Registry. This would include creating forms that individuals can complete and then deliver to any law enforcement agency, along with proof of identification like a driver's license or state ID for verification.

According to the bill’s primary sponsor Rep. Eric Morrison, a Democrat representing Newark, Bear, and Glasgow, the bill was modeled after Donna’s law , which has become law in Virginia, Washington, and Utah.

Morrison will also be working alongside various statewide groups and organizations to help provide additional resources for those requesting enrollment.

He hopes that, if the bill becomes law, it will not only “help save lives,” but also act as “another important step in improving mental health and lessening suicides” in the First State.

“When you’re talking about suicide, you’re not just talking about the tragic death of one person; you’re talking about this ripple effect that extends out to their family, to their friends, to the community,” he said. “So [this bill] is not just preventing one death; it’s preventing that entire ripple effect from happening.”

Legislation was passed by the House on June 27, and then passed by the Senate on June 30.

If signed, the bill would go into effect on or before January 1, 2025.

Rep. Morrison also stated that he will work alongside law enforcement on including an additional extension of the bill – in which if residents currently own or possess a handgun, they have the option to voluntarily turn it over to law enforcement for safe storage – next session.

Additional precautions made mandatory

Other notable gun safety laws passed in the General Assembly this session included:

• A bill that deems the possession of a firearm on college and university campuses a felony;
• A bill which seeks to further redefine the term “firearm” in the Delaware Code; and
• A bill that requires retailers to securely store or display ammunition.

These bills have been sent to Gov. Carney for signature.

A resolution was also introduced and passed in both the Senate and the House in early June that would deem the first week of the month "Delaware Gun Violence Prevention Week," both to honor survivors of gun violence and to further encourage residents to find ways of reducing gun violence statewide.

Another bill , which makes the possession of a firearm in a Safe School and Recreation Zone a felony, was also signed by Gov. Carney on March 7.

Other bills failed to pass during the legislative session

A bill that proposed adding a new definition to the term "mental condition" to the Delaware Code regarding the relinquishment of firearms from residents who could possibly pose danger to themselves or others − also known as a "red flag law" − was introduced on April 17, but failed to work past the Judiciary Committee in the House.

Additionally, a bill that would allow the discharge of firearms under strict conditions was introduced on June 25, and is still awaiting consideration in the Senate.

The bills would have to be reintroduced next year to be further considered.

Across the U.S.: 2024's new gun laws change the rules of firearm ownership in America. Here's how

Statewide assault weapons ban ruled constitutional

Two years ago, lawmakers in both the House and the Senate passed H.B. 450 , or the Delaware Lethal Firearms Safety Act of 2022, which prohibited the manufacturing, sale, transfer, or possession of an assault or copycat weapon.

Gov. Carney signed the bill into law that same year.

Delaware State Sportsmen's Association, Inc., along with the Delaware Association of Federal Firearms Licensees, the Delaware Rifle and Pistol Club and other guns rights groups, then filed a lawsuit against the initial bill to the U.S. District Court. They argued that such a ban violated protections under the Second Amendment of the U.S. Constitution.

After a District Court denied them a preliminary injunction in 2023, they appealed to the U.S. 3rd Circuit Court of Appeals in Philadelphia, which heard arguments a year later.

On July 15, the court rejected their bid, upholding the First State's ban . In their opinion, they agreed with the District Court's assessment, writing that the "injury" in question "does not threaten the court's ability to decide the case or to give meaningful relief later on."

In a statement released the same day, Attorney General Kathy Jennings applauded the court's decision, calling the groups' efforts against the policy "an expensive failure."

"The idea that the Founders envisioned unfettered access to AR-15s when they described a 'well-regulated militia' is a delusion," Jennings said. "Assault weapons and large capacity magazines are modern tools whose sole purpose is to kill."

More: Gun lobbyists' appeal for injunction in assault weapon ban case denied by appeals court

The future of protections

While progress has been made to further gun safety and protection in Delaware, lawmakers say there is more to do.

Every Stat found that, on average, 123 people die and 305 are injured by guns in Delaware, ranking the state as having the 24th-highest rate of gun violence in the country.

Every Town also currently ranks Delaware under "making progress" in terms of gun law strength.

Other state legislators have expressed concerns regarding the trajectory and contents of the latest legislation.

Sen. Dave Lawson, a Republican representing west Dover, felt that the increase in gun safety legislation meant that the state is “going backwards,” emphasizing how important it is for residents to take it upon themselves to teach one another how to be responsible and use common sense.

“I don’t know if making it so hard for people to exercise their Second Amendment rights counts as progress,” he said.

Spiegelman said there are “practical concerns” with the bill addressing the unsafe storage of a firearm, saying that it would make more sense “[to] simply secure the firearm in a vehicle in a place where it cannot be seen,” as opposed to a locked box or container that could easily be found.

“This bill is going to exacerbate the very problem that the bill’s sponsor is nobly trying to prevent,” he commented during debates on the bill right before its passage for the second time on June 18.

Many gun safety advocates have noted that, while this year’s legislation is a step forward, there is still work that needs to be done.

Senior Vice President of Government Affairs of Every Town for Gun Safety Monisha Henley emphasized the importance of making sure these bills, once signed, are then “implemented and executed exactly as written."

For Murphy, she acknowledges that it will take time for these and other changes to be made.

And while she says “there is no one piece of legislation that will solve…or end the crisis of gun violence,” she still feels that the First State is moving in the right direction – and can become “the safest state in the nation.”

“I’d rather make incremental progress than no progress at all,” she said.

A more in-depth look: Tracking gun violence in Delaware

This article originally appeared on Delaware News Journal: Gun reforms passed by Delaware lawmakers this year and the efforts that fell short