Bill redefining 'firearm' in Delaware code passes House and heads to Senate

DOVER — Over the past two weeks, two bills have passed the state House of Representatives and raised a lingering question: What is the definition of a firearm in Delaware?

A measure passed by the House on Thursday aims to address that problem.

House Bill 357, sponsored by Rep. Jeff Spiegelman, R-Clayton, would redefine the term “firearm” to align with the definition given in the federal Criminal Records Act – separating existing definitions in the Code from Delaware for items like airsoft or paintball guns and slingshots. of that of a typical firearm.

The proposal builds on the work of the Firearms Definition Working Group, which determined that a “more nuanced approach” was needed when creating the term “projectile weapon,” which would also be considered a deadly weapon.

There were two bills in the House this week that changed the laws on gun possession and custody in certain circumstances, such as on a college campus or when storing a gun in a vehicle.

The college campus bill is sponsored by Rep. Cyndie Romer, D-Newark, and the secure storage measure by Rep. Krista Griffith, D-Fairfax.

Rep. Romer's bill passed the House on June 13, while Rep. Griffith's bill left the chamber on Tuesday. They are still pending in the Senate, but during their consideration in the House, Rep. Spiegelman pushed back on their technical details due to Delaware's definition of a firearm.

“I'm about to go on a whole rant about the definition of a 'firearm,'” he said on the House floor Tuesday during debate on Rep. Griffith's measure.

“This bill requires you to lock up your paintball gun, which Rep. Romer said is kind of the point of the definition of Title 11. It requires you to lock up your nail guns; it requires you to lock up all those “stupid” things that are not supposed to be, according to common sense, a definition of “firearm”.

Under Rep. Spiegelman's proposal, a firearm would be described as any weapon from which a shot, projectile, or other object can be fired by force, combustion, explosive, gas, or mechanical means , as well as any weapon designed or easily converted for it.

It also creates a new definition in state code for “deadly weapon,” which would extend to firearms, bombs, knives, brass knuckles, slingshots and razors.

During consideration of HB 357 on Thursday, Rep. Romer and other Democrats applauded his efforts to bring more clarity to the law. Ultimately, she voted against the bill, but emphasized that she never worked against its passage.

“I'm voting no on this bill because I prefer the broad definition supported by (the Justice Department), but I understand the inconsistencies in the definition you're trying to achieve,” she said.

After his statements, a roll-call vote resulted in 32 lawmakers voting yes and three no, with six absent. Opponents were Rep. Romer; Rep. Paul Baumbach, D-Newark; and Rep. Larry Lambert, D-Claymont.

In response, Rep. Spiegelman thanked his colleagues, as well as those who served on the working group, for their efforts to rectify the inconsistencies.

“We were able to get a bill that I think allows Delaware's best to continue doing what they're doing now, … with the support of the law,” he said. “This allows for a much more consistent set of laws regarding firearms and projectile weapons throughout the code; and most importantly, it does not put people in danger of being imprisoned for something the law requires them to have done, but (no measure of common sense says they did it.)

After the bill passed, it was referred to the Senate Judiciary Committee for review.