Delaware Code Title 11 Sec. 1469 v2 – Large-capacity magazines prohibited; class E felony; class B …
(a) Except as otherwise provided in subsections (c) through (e) of this section, it is unlawful for a person to manufacture, sell, offer for sale, purchase, receive, transfer, or possess a large-capacity magazine.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E felony | up to 5 years | |
| Class B misdemeanor | up to 6 months | up to $1,150 |
Terms Used In Delaware Code Title 11 Sec. 1469 v2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
(b) (1) A violation of this section which is a first offense which only involves possession of a large capacity magazine is a civil penalty of $100.
(2) A second violation of this section which only involves possession of a large capacity magazine is a class B misdemeanor.
(3) All other violations of this section, including a subsequent offense involving only possession of a large capacity magazine are a class E felony.
(4) A large-capacity magazine is subject to forfeiture for a violation of this section.
(5) The Superior Court has exclusive jurisdiction over violations under subsections (b)(2) and (b)(3) of this section.
(c) This section does not apply to any of the following:
(1) Personnel of the United States government or a unit of that government who are acting within the scope of official business.
(2) Members of the armed forces of the United States or of the National Guard who are acting within the scope of official business.
(3) A law-enforcement officer.
(4) A qualified retired law-enforcement officer.
(5) An individual who holds a valid concealed carry permit issued by the Superior Court under § 1441 of this title.
(6) A licensed firearms dealer that sells a large-capacity magazine to another licensed firearms dealer or to an individual exempt under paragraphs (c)(1) through (5) of this section.
(7) A large-capacity magazine that a person has rendered permanently inoperable or has permanently modified to accept 17 rounds of ammunition or less.
(d) [Repealed.]
(e) This section does not apply to any of the following:
(1) A person who manufactures a large-capacity magazine, if the person manufactures the large-capacity magazine with the intent to sell the large-capacity magazine, or offer the large-capacity magazine for sale, to a person outside of this State.
(2) A person who ships or transports a large-capacity magazine for a person under paragraph (e)(1) of this section.
83 Del. Laws, c. 331, § 1; 83 Del. Laws, c. 348, § 1; 83 Del. Laws, c. 331, § 6;