Current through 2024 Legislative Session Act Chapter 531
Section 1465 - Definitions related to assault weaponsFor purposes of this section and § 1466 and § 1467 of this title:
(1) "Ammunition feeding device" means any magazine, belt, drum, feed strip, or similar device that holds ammunition for a firearm.(2) "Assault long gun" means any of the following or a copy, regardless of the producer or manufacturer: a. American Arms Spectre da Semiautomatic carbine.b. Avtomat Kalashnikov semiautomatic rifle in any format, including the AK-47 in all forms.c. Algimec AGM-1 type semi-auto.d. AR 100 type semi-auto.e. AR 180 type semi-auto.f. Argentine L.S.R. semi-auto.g. Australian Automatic Arms SAR type semi-auto.h. Auto-Ordnance Thompson M1 and 1927 semi-automatics.i. Barrett light .50 cal. semi-auto.j. Beretta AR70 type semi-auto.k. Bushmaster semi-auto rifle.l. Calico models M-100 and M-900.m. CIS SR 88 type semi-auto.n. Claridge HI TEC C-9 carbines.o. Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle.p. Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2.q. Dragunov Chinese made semi-auto.r. Famas semi-auto (.223 caliber).s. Feather AT-9 semi-auto.t. FN LAR and FN FAL assault rifle.u. FNC semi-auto type carbine.v. F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun.w. Steyr-AUG-SA semi-auto.x. Galil models AR and ARM semi-auto.y. Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3.z. Holmes model 88 shotgun.aa. Manchester Arms "Commando" MK-45, MK-9.bb. Mandell TAC-1 semi-auto carbine.cc. Mossberg model 500 Bullpup assault shotgun.ff. Ruger mini-14 folding stock model (.223 caliber).gg. SIG 550/551 assault rifle (.223 caliber).hh. SKS with detachable magazine.ii. AP-74 Commando type semi-auto.jj. Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, and M1A, excluding the M1 Garand.kk. Street sweeper assault type shotgun.ll. Striker 12 assault shotgun in all formats.mm. Unique F11 semi-auto type.nn. Daewoo USAS 12 semi-auto shotgun.oo. UZI 9mm carbine or rifle.pp. Valmet M-76 and M-78 semi-auto.qq. Weaver Arms "Nighthawk" semi-auto carbine.rr. Wilkinson Arms 9mm semi-auto "Terry".(3) "Assault pistol" means any of the following or a copy, regardless of the producer or manufacturer: d. Claridge HI-TEC pistol.e. D Max Industries pistol.g. Encom MK-IV, MP-9, or MP-45 pistol.h. Heckler and Koch MP5K, MP7, SP-89, or VP70 pistol.j. Ingram MAC 10/11 pistol and variations, including the Partisan Avenger and the SWD Cobray.k. Intratec TEC-9/DC-9 pistol in any centerfire variation.n. Spectre double action pistol (Sile, F.I.E., Mitchell).o. Stechkin automatic pistol.p. Steyer tactical pistol.r. Weaver Arms Nighthawk pistol.s. Wilkinson "Linda" pistol.(4) "Assault weapon" means any of the following: (5) "Completed a purchase" means that the purchaser completed an application, passed a background check, and has a receipt or purchase order for the assault weapon, without regard to whether the purchaser has actual physical possession of the assault weapon. If receipt of the assault weapon will not occur until more than 1 year after [the effective date of this Act], it is not a completed purchase.(6) "Copycat weapon" means any of the following: a. A semiautomatic, centerfire rifle that can accept a detachable magazine and has at least 1 of the following: 1. A folding or telescoping stock.2. Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing.3. A forward pistol grip.5. A grenade launcher or flare launcher.b. A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.c. A semiautomatic pistol that can accept a detachable magazine and has at least 1 of the following:1. Except as otherwise provided under paragraph (6)c.1.A. of this section, an ability to accept a detachable ammunition magazine that attaches at some location outside of the pistol grip.A. Subject to paragraph (6)c.1.B. of this section, the characteristic detailed under paragraph (6)c.1. of this section does not apply when the characteristic is utilized in conjunction with a rimfire pistol that is used solely for the purposes of competitive shooting events or practice shooting in preparation for competitive shooting events.B. Paragraph (6)c.1.A of this section applies only to competitive shooting events operated by state or nationally recognized competitive shooting organizations.2. A threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer.3. A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to fire the firearm without being burned, except a slide that encloses the barrel.d. A semiautomatic shotgun that has both of the following:1. A folding or telescoping stock.2. Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing.e. A semiautomatic shotgun that has the ability to accept a detachable magazine.f. A shotgun with a revolving cylinder.g. A semiautomatic pistol with a fixed magazine that can accept more than 17 rounds.h. A semiautomatic, centerfire rifle that has a fixed magazine that can accept more than 17 rounds.(7) "Detachable magazine" means an ammunition feeding device that can be removed readily from a firearm without requiring disassembly of the firearm action or without the use of a tool, including a bullet or cartridge.(8) "Family" means as defined in § 901 of Title 10.(9) "Flash suppressor" means a device that functions, or is intended to function, to perceptibly reduce or redirect muzzle flash from the shooter's field of vision.(10) "Qualified retired law-enforcement officer" means as defined in § 1441B(c) of this title.(11) "Shooting range" means any land or structure used and operated in accordance with all applicable laws and ordinances for the shooting of targets for training, education, practice, recreation, or competition.(12) "Grenade launcher" means a device designed to fire, launch, or propel a grenade.(13) "Secure storage" means a firearm that is stored in a locked container or equipped with a tamper resistant mechanical lock or other safety device that is properly engaged so as to render the firearm inoperable by a person other than the owner or other lawfully authorized user.Amended by Laws 2023, ch. 312,s 1, eff. 7/17/2024.Added by Laws 2021 , ch. 328, s 1, eff. 6/30/2022.Section 3 of the enacting legislation provides that If any provision of this Act or the application of this Act to any person or circumstance is held invalid, the provisions of this Act are severable if the invalidity does not affect the other provisions or applications of the Act which can be given effect without the invalid provision or application.Section 4 of the enacting legislation provides that this Act is to be known as the "Delaware Lethal Firearms Safety Act of 2022."