HOUSE BILL NO. 142
AS AMENDED BY
HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SPECIFIC OFFENSES AND SEARCH AND SEIZURE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend § 1448(a) of Title 11 of the Delaware Code by adding thereto a new subsection “(9)” to read as follows:
“(9) Except for ‘antique firearms’, and validly seized deadly weapons or ammunition from a person prohibited as a result of a felony conviction under subsections (a)(1) or (a)(3), or validly seized under subsection (a)(8) may be disposed of by the law enforcement agency holding the weapon or ammunition, after the exhaustion of any right of direct appeal, pursuant to § 2311, Title 11 of the Delaware Code.”.
(i) ‘Antique firearm’ means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily restored to a firing condition.
(ii) A person prohibited under this Section has the burden of proving that the subject firearm is an antique firearm as defined in § 1448(a)(9)(i) subject to an exemption under this Section and § 2311, Title 11 of the Delaware Code.”.
Section 2. Amend § 2311 of Title 11 of the Delaware Code by adding thereto a new subsection “(c)” to read as follows:
“(c) A deadly weapon or ammunition which was validly seized from a person who is prohibited from purchasing, owning, possessing or controlling a deadly weapon as a result of a felony conviction under § 1448(a)(1) or (a)(3), or prohibited under (a)(8), Title 11 of the Delaware Code may be disposed of by the law enforcement agency holding the weapon or ammunition, after the exhaustion of any right of direct appeal, subject only to any claim that has been asserted on the part of any third party claiming ownership in the weapon or ammunition.”.
Approved July 05, 2007