General Gun Discussion > Rifles and Shotguns

Clarify Delaware AWB

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Clarence:
Trying to nail down the meaning of “detachable magazine” the so called assault weapons ban that our illustrious legislature enacted this past summer. 

Was in a gun shop discussion with a couple of guys and we were trying to determine if a “bullet button” mag release was legal in Delaware or rather does such device fall under the definition of a detachable magazine

Here is the definition in the final engrossed version of the law:

(6) “Detachable magazine” means an ammunition feeding device that can be removed readily from a firearm without requiring disassembly of the firearm action or without the use of a tool, including a bullet or cartridge.

So does that exempt the “bullet button “ device from the law?

Radnor:
IANAL, but.....

removed readily from a firearm without requiring disassembly of the firearm action or without the use of a tool, including a bullet or cartridge.

I say, LEGAL as it would require a tool, bullet, or cartridge.

HOPEFULLY, DSSA will get this struck down.

Clarence:

--- Quote from: Radnor on October 21, 2022, 04:08:08 PM ---IANAL, but.....

removed readily from a firearm without requiring disassembly of the firearm action or without the use of a tool, including a bullet or cartridge.

I say, LEGAL as it would require a tool, bullet, or cartridge.

HOPEFULLY, DSSA will get this struck down.

--- End quote ---
I agree Radnor.   I re-read the d*** bill again and the exemption for the H-bar AR-15 is still in there. ( this was copied from the Maryland 2013 law)

I also questioned the list of firearms banned by brand name.  IANAL either but something tells be that this would amount to a “Bill of Attainder” which is forbidden by the US Constitution.   That is passing of a law that convicts someone of an offense without a trial.  What if congress were to ban Chevrolet Trucks by name?   While allowing Dodge trucks.  Would that be legal?   The assumption is that under the law, a firearm made by another company would be legal as long as it didn’t have the “nasty” features like grenade launchers or such.

TwistedKarma:
So, they are banning from 2 or more identifiers? 
  Name of self defense weapon
And detachable home defense magazine?

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