House Bill 450, AW Ban Passed

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  • ArSoNZ28

    Junior Member
    Mar 20, 2009
    15
    Delaware
    I’ve got a family friend who is in the process of doing a notarized statement of what he owned prior to the ban going into effect in lieu of the state “voluntary certificate of possession”. Would that be a good idea, bad idea, anyone got recommendations?

    DE copied the Connecticut law that made the certificate a requirement. I don't know how/if they knows how it's going to work here being optional. The burden of proof of grandfathering seems to be left up to the owner, and with no access to actual 4473 forms that may be difficult. I've somehow managed to keep the Maryland paperwork for many of my firearms but some (AR10's PS90...) didn't require the forms. Many were transferred with cash and don't even have a receipt. Online receipts from purchases don’t list the serial numbers for the firearms or exact date it was transferred at a dealer.
     

    smokey0118

    2A TEACHER
    Jan 31, 2008
    28,596
    That may be the case in MD, which I think states that if it has 2 or more features it’s considered banned… but DE seems to have taken it a step further and said that even just 1 feature (even just a flash suppressor) is enough to get it on the banned list as a “copycat weapon”.



    I WANT to be wrong on this, but from how I’m reading it, that’s my takeaway. Even just having a flash suppressor is a no-go.
    Looks like someone needs to produce an AR grip that is canted off to the side, so that the hand isn't "directly under" the action.
     

    Lmo

    Junior Member
    Mar 1, 2018
    46
    I have a M1 carbine with threaded barrel and flash suppressor. Need to have the threaded barrel to hold the suppressor on. Two strikes against me. If I move to Delaware, it would be illegal once HB 450 is signed.
     

    Lmo

    Junior Member
    Mar 1, 2018
    46
    I have been wondering about transport issues not addressed in HB 450. I own a legal semi-automatic M1 carbine on MD that would be illegal in Delaware under HB 450.

    If I cross the line into Delaware on I-95 to get to New England and get stopped for a moving violation, could I be charged for not having a Delaware assault weapon certificate of possession and also for illegally transporting the rifle outside of the VERY limited provisions of HB 450? HB 450 does not address the issues of Interstate transportation of firearms.
     

    Mark75H

    HVAC Expert
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    14,641
    Outside the Gates
    I have been wondering about transport issues not addressed in HB 450. I own a legal semi-automatic M1 carbine on MD that would be illegal in Delaware under HB 450.

    If I cross the line into Delaware on I-95 to get to New England and get stopped for a moving violation, could I be charged for not having a Delaware assault weapon certificate of possession and also for illegally transporting the rifle outside of the VERY limited provisions of HB 450? HB 450 does not address the issues of Interstate transportation of firearms.
    FOPA covers interstate transport.
     

    Clump

    Member
    Sep 19, 2008
    243
    Felton, DE
    From DSSA:
    The following is being provided as a service to our members. The following is our opinion and is being provided for your information, only. It MAY NOT BE RELIED UPON AS LEGAL ADVICE. You are strongly advised to seek independent legal counsel BEFORE taking any action concerning the contents of HB 450 or this Alert.




    Late on the evening of Jun 16, 2022, the Delaware Senate voted to approve HB 450 with House Amendment #1 and sent it to Governor Carney’s desk for signature. As of this Alert, HB 450 has not yet become the law of the land – but it will – probably very soon. Governor Carney, like his fellow Democrats who voted for this bill in both the House and Senate, has nothing but contempt for you, your rights and your guns. Expect him to sign it.

    Based upon our reading of HB 450 as amended by HA 1 we believe the following to be true:

    1. HB 450 will become law and become effective the moment the Governor signs it.

    2. In addition to the 63 firearms specifically listed in the bill, HB 450 also bans

    a. All Semi-auto rifles with a detachable magazine – ALL

    b. All semi-auto shotguns with a folding or telescoping stock – ALL

    c. All pistols with any one (1) of the following – detachable magazine

    outside the grip, threaded barrel, barrel shroud.

    d. All shotguns with a revolving cylinder

    e. All pistols and centerfire rifles with a fixed magazine that can hold more than 17 rounds.

    3. You can keep what you currently own at the effective date, but they become worthless – you cannot sell them.

    4. You may not transport one of the banned firearms into the State – once it’s out you can never bring it back. No one from outside the State can bring one into the State.

    5. You cannot buy one of those firearms in another state and bring it into the State.

    6. If you owned one of the firearms but kept it out of state, you may not bring it into Delaware after the effective date.

    7. You may not sell, offer for sale, transfer, purchase, receive or possess one of the banned firearms after the effective date – except you can keep what you had on or before the effective date.

    8. An FFL can sell or service those firearms to or for a law enforcement agency

    9. An FFL can sell out of State – but not in-state – pursuant to federal law

    10. An FFL can return a firearm to its lawful owner (meaning (s)he owned it before the effective date) if the FFL had it for repairs.

    11. An FFL can keep what (s)he had before the effective date.

    12.The burden is on you to prove that you owned the firearm on or before the effective date.

    13. If you owned/possessed on or before the effective date you may possess it at home, your place of business, on other property you own or on property where the owner gives you express permission, at a shooting range, other specifically specified events – see the bill.

    14. You may transport the firearm between any of the legally permissible places but you may only do so if the firearm is cased and locked.

    15. You may not carry, either openly or concealed, one of the banned firearms for self-protection or for protection of your family.



    The list above is just a brief overview of HB 450. There is more to this bill. Again, you MAY NOT rely on this synopsis of HB 450 for legal purposes. You SHOULD seek legal counsel before taking any action with regard to HB 450. Read The bill for yourself.



    We sincerely hope that you will find the information which we have provided as a service to our members to be helpful.



    CALL TO ACTION



    1. Call or contact Governor Carney and ask him to veto HB 450 – he won’t do it, but ask him anyway. He knows this bill is unconstitutional on a number of issues so he should veto this bill. 302-744-4101 or 302-577-3210; or facebook.com/JohnCarneyDe/ ;or Twitter.com/johncarneyde/; or Instagram.com/johncarneyde/



    2. DSSA has retained legal counsel and is preparing to challenge HB 450 in court – WE NEED YOUR HELP! Please donate and help us fight for your rights.





    Lawsuits are expensive – and HB 450 isn’t the only unconstitutional bill the Democrats have rammed through the General Assembly this year that must be fought in the Courts.
     

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