Next up..... Magazine limits

[Radnor]

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Just received this:

Friends for Jeff Spiegelman,
We had a really good day today. The show of support for the second amendment in Leg Hall shocked even me, so I know it scared the heck out of our opponents. I brought many of the concerns that we talked about in the Background Check bill to the floor and the answers we got were..... unsatisfactory at best.

Our opponents actually said, on record, that this bill is about tracking firearms. I was shocked to hear that. The bill has been moved to next week. The rumor is it will be in committee at noon on Wednesday. I will let you know as soon as I know for sure.

However, right after the committee meeting, the 3rd bill went out for sponsors. This one is about "large capacity" magazine. It has been attached. I have all sorts of problems with it, but I would love to hear what you have to say before I give my two cents.

Thank you for your support. Keep up the good fight.
Jeff Spiegelman
Representative 11th District
Dover: 302-744-4171
Wilmington: 302-577-8723
Cell: 302-399-7728
Fax: 302-739-2773
Constituent: jeff.spiegelman@state.de.us
Personal: jeff@jeffderepresentative.com
Legislative Hall: PO Box 1401. Dover, DE 19903
Personal: PO Box 869. Clayton, DE. 19938
www.jeffspiegelman.com
www.jeffderepresentative.com


SPONSOR:
Rep. Mitchell


HOUSE OF REPRESENTATIVES
147th GENERAL ASSEMBLY

HOUSE BILL NO.


AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROHIBITED CONDUCT IN CONNECTION WITH LARGE-CAPACITY MAGAZINES.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 11 of the Delaware Code by making insertions as shown by underlining as follows:
§ 1462. Manufacture, sale, transfer, purchase, receipt or unlawful possession of large-capacity magazines.
(a) Except as otherwise specified herein, no person shall manufacture, sell, transfer, purchase, receive or possess unlawfully any large-capacity magazine.
(b) For purposes of this section:
(1) “Large-capacity magazine” means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not include (A) an ammunition feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds, or (B) an attached tubular ammunition feeding device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
(2) “Licensed firearms dealer” means any person licensed as a deadly weapons dealer pursuant to Chapter 9 of Title 24 and 18 U.S.C. § 921 et seq.
(3) “Not readily operable” means that the large-capacity magazine or firearm is disassembled, broken down, or stored in a manner to prevent its immediate use.
(4) “Possess” or “possession” means that the person has the item under his or her dominion and authority, and that said item is at the relevant time physically available and accessible to the person.
(5) “Possess unlawfully” or “unlawful possession” means possession of a large-capacity magazine in a public place while in possession of a firearm capable of accepting such magazine. It shall be an affirmative defense to prosecution for unlawful possession of a large-capacity magazine under this section that either the large-capacity magazine or the firearm was not readily operable.
(6) “Public place” has the meaning set forth in 11 Del.C. § 1460(b)(3); provided, however, that any shooting range, as such term is defined in subparagraph ( herein, shall not be considered a public place.
(7) “Qualified retired law-enforcement officer” has the meaning set forth in 11 Del.C. § 1441A(a)(5).
( “Qualified retired law-enforcement officer” has the meaning set forth in 11 Del.C. § 1441A(a)(6).
(9) “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.
(10) “Short-term rental” means the rental of a large-capacity magazine by a shooting range to a customer for use upon the premises of the shooting range in accordance with all applicable laws and ordinances, for a duration of no more than 8 hours.
(c) This section does not apply to the purchase, receipt or possession of a large-capacity magazine by:
(1) any member of the armed forces of the United States or member of the National Guard, provided such person is acting within the scope of his or her official duties;
(2) any qualified active duty law-enforcement officer or qualified retired law-enforcement officer; or
(3) any employee or authorized representative of a shooting range in connection with the short-term rental of large-capacity magazines.
(d) This section does not apply to any licensed firearms dealer that is:
(1) repairing or servicing a large-capacity magazine for any person authorized by law to possess same;
(2) altering a large-capacity magazine so that it cannot accommodate more than 10 rounds; or
(3) selling a large-capacity magazine to another licensed dealer or to any other person exempted under paragraph (c) of this section.
(e) This section does not apply to any manufacturer that is:
(1) repairing or servicing a large-capacity magazine for any person authorized by law to possess same;
(2) altering a large-capacity magazine so that it cannot accommodate more than 10 rounds; or
(3) manufacturing a large-capacity magazine for export or for sale to government agencies or the military pursuant to applicable state and federal laws and regulations.
(f) Any person violating this section shall be guilty of a class A misdemeanor for a first offense and a class G felony for any subsequent offense. The Superior Court shall have exclusive jurisdiction over all violations of this section.
Section 2. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application; and, to that end, the provisions of this Act are declared to be severable.
Section 3. This Act shall have an effective date of July 1, 2013.

SYNOPSIS
This bill would prohibit the manufacture, sale, purchase, transfer or delivery of large-capacity magazines, which are defined as ammunition feeding devices with the capacity to accept more than 10 rounds. Acknowledging that thousands of law-abiding Delawareans currently possess large-capacity magazines lawfully, the bill would make such possession unlawful only if it occurs in a public place while in possession of a firearm capable of accepting it. Possession of a large-capacity magazine would not be unlawful in areas that are not public places, and an exception exists to allow the possession and use of large-capacity magazines at shooting ranges. Persons who violate this Act would be guilty of a class A misdemeanor for a first offense and a class G felony for any subsequent offense.

[SturmRugerSR9]

So, before anyone asks, this bill does not "grandfather" mags or devices the hold more than 10 rounds, even if no 10 round mags are available for your gun.

[kent]

Why should I be LIMITED to a certain number of rounds in my rifle, handgun or shotgun to defend my SELF, my FAMILY, my HOME and my PROPERTY?

[SturmRugerSR9]

Kent,
There is not "why?" answer to this bill. It is what it is.  I suggest you go to the hearing an pose that question to the Judiciary Committee.

[Obleo]

Why should I be LIMITED to a certain number of rounds in my rifle, handgun or shotgun to defend my SELF, my FAMILY, my HOME and my PROPERTY?

Sorry kent:  You just don't have that defective gene that allows you to "understand" the emotional reasoning behind the effort.

[formerly known as frank]

I find it puzzeling that I can use a "large capacity magazine" at the range, but I can not take it there. The logic of this law escapes me, perhaps one of the sponsors of the bill can enlighten me. I hope I do not laugh out loud when they try to answer that question.

[kent]

Why should I be LIMITED to a certain number of rounds in my rifle, handgun or shotgun to defend my SELF, my FAMILY, my HOME and my PROPERTY?

Sorry kent:  You just don't have that defective gene that allows you to "understand" the emotional reasoning behind the effort.
[/quote
It seems some in the House and Senate have that defective gene because many "Can't Understand Normal Thinking"

[seniorgeek]

I find it puzzeling that I can use a "large capacity magazine" at the range, but I can not take it there. The logic of this law escapes me, perhaps one of the sponsors of the bill can enlighten me. I hope I do not laugh out loud when they try to answer that question.

The only reason you find it puzzeling is you are not a politician. When you become one, in most cases, you loose your common sense.

[Condition 1]

Where did you read that?

So, before anyone asks, this bill does not "grandfather" mags or devices the hold more than 10 rounds, even if no 10 round mags are available for your gun.

[kent]

Are cell phones allowed in Legislative Hall? I don't want to park 2 miles away and have to return to vehicle.

[Lumspond]

Cell phones allowed on the tour, but not the chambers when in session.
Visitors should turn off or disable phones during the tour.
http://www.state.de.us/research/Tour/faqs.shtml

[poster formerly know as Silverbullet]

Where did you read that?

So, before anyone asks, this bill does not "grandfather" mags or devices the hold more than 10 rounds, even if no 10 round mags are available for your gun.

So if it does not granfather mags does not mean our property will be taken, or that we can't enjoy it without "just compensation"?

Not that I support gun control, but you would think common courtesy would exempt someone with a ccdw and say a berretta px storm 9mm 17 round mag from this crap. This makes me wonder if they might be trying to go the way of say Jersey or Maryland with ccdw.

I would think not because people who already have them would probably file suit if they were denied a renewel with no reason similar to the challenge case to Maryland's may issue law.

[SturmRugerSR9]

What "just compensation" ? if you have a gun that holds more than 10 rounds, and there is no 10 round mag available and no one starts producing them, you are just SOL, but there will be no "just compensation."
Best bet is to check the WWW. for even after markets. There will  be a demand and someone will supply. Most US manufacturers have their mags made in another country anyhow. Check the stamping on you mag and see. The gun may be made in US, but the mag could be from anywhere. My Ruger was made in Arizona, but the 2/17 rounders that came with it were made in Italy. I bought 2 /10 rounders from a company in Massechusetts and they were also Rugers from Italy.
I have never read in any proposed law, state or Federal, that anybody will be compensated for anything.
Has anybody else?

[TCRken]

Is anyone famliar with the C&R list that may contain pistols or rifles that have clip capacity greater than 10 rounds?

Also, in CMP competition we used M1A national match with 20 round clips as the only clip size I can remember.  Has anything changed in CMP competition with M1A's to have 10 round magazines?

Also, my recollection is that a number of lever action Winchesters and Marlin's with full length magazine's in the pistol cartridges had capacities greater than 10 rounds... is my memory correct?  I would think that the Cowboy action rifles in 38 SPL (and others) would be in violation... no?

Ken

[Pop pop]

Why would retired law enforcement need
High capacity magazines? They are no better
Than the average ccw carrier.