(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.
(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) (1) The Secretary of the Department of Safety and Homeland Security (“Secretary”) shall establish and administer a compensation program for residents of this State to allow a resident in possession of a large-capacity magazine on August 29, 2022, to relinquish the large-capacity magazine to the Department of Safety and Homeland Security (“Department”) or a participating local law-enforcement agency in exchange for a monetary payment established under this subsection.
(2) The Secretary shall adopt rules to implement the compensation program, including the following:
a. That the compensation program be implemented between June 30, 2022, and June 30, 2023, at locations throughout this State. The Department shall coordinate with local law-enforcement agencies in implementing the program.
b. That the compensation program allows a resident to relinquish a large-capacity magazine to the Department, or a local law-enforcement agency participating in the program, in exchange for a compensation in the amount of the market rate for each large-capacity magazine.
c. That establishes the method for providing the monetary payment and reimbursing a participating law-enforcement agency for payments made to residents under the compensation program.
d. That the compensation program is subject to the availability of funds appropriated for this specific purpose by the General Assembly. This subsection does not create a right or entitlement in a resident to receive a monetary payment under the compensation program.
(3) The Secretary shall submit a report to the General Assembly by December 29, 2023, providing the results of the compensation program, including the number of large-capacity magazines relinquished to law-enforcement agencies, by county, and the total amount expended under the program.
(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.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Subchapter VII. Offenses Against Public Health, Order and Decency
§ 1301. Disorderly conduct; unclassified misdemeanor.
§ 1303. Disorderly conduct; funeral or memorial service.
§ 1305. Desecration; class A misdemeanor.
§ 1306. Cross or religious symbol burning; class A misdemeanor.
§ 1307. Civil remedies for violations of hate crimes and related offenses.
§ 1308. Hate crime reporting requirement.
§ 1309. Deprivation of Civil Rights.
§ 1311. Harassment; class A misdemeanor.
§ 1312. Stalking; class G felony, class F felony, class C felony.
§ 1313. Malicious interference with emergency communications; class B misdemeanor.
§ 1315. Public intoxication; unclassified misdemeanor; violation.
§ 1316. Registration of out-of-state liquor agents; violation.
§ 1320. Loitering on property of a state-supported school, college or university; violation.
§ 1322. Criminal nuisance; unclassified misdemeanor.
§ 1323. Obstructing public passages; violation.
§ 1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor.
§ 1325. Cruelty to animals; class A misdemeanor; class F felony.
§ 1326. Animals; fighting and baiting prohibited; class E felony.
§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor.
§ 1330. Smoking on trolleys and buses.
§ 1332. Abusing a corpse; class A misdemeanor.
§ 1333. Trading in human remains and Associated Funerary Objects.
§ 1335. Violation of privacy; class A misdemeanor; class G felony.
§ 1337. Definitions relating to riot, disorderly conduct and related offenses.
§ 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony.
§ 1339. Adulteration; class G felony; class E felony; class A felony.
§ 1341. Lewdness; class B misdemeanor.
§ 1342. Prostitution; class B misdemeanor.
§ 1343. Patronizing a prostitute prohibited.
§ 1344. Prostitution and patronizing a prostitute; no defense.
§ 1345. Screening for sexually transmissible diseases.
§ 1351. Promoting prostitution in the third degree; class F felony.
§ 1352. Promoting prostitution in the second degree; class E felony.
§ 1353. Promoting prostitution in the first degree; class C felony.
§ 1354. Promoting prostitution; attempt to promote prostitution; corroboration.
§ 1355. Permitting prostitution; class B misdemeanor.
§ 1356. Definitions relating to prostitution.
§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.
§ 1363. Obscenity; presumption.
§ 1364. Definition of obscene.
§ 1365. Obscene literature harmful to minors; class A misdemeanor.
§ 1366. Outdoor motion picture theaters.
§ 1401. Advancing gambling in the second degree; class A misdemeanor.
§ 1402. Foreign lotteries; prima facie evidence; class A misdemeanor.
§ 1403. Advancing gambling in the first degree; class A misdemeanor.
§ 1404. Providing premises for gambling; class A misdemeanor; unclassified misdemeanor.
§ 1405. Possessing a gambling device; class A misdemeanor.
§ 1406. Being concerned in interest in keeping any gambling device; class A misdemeanor.
§ 1407. Engaging in a crap game; violation.
§ 1408. Merchandising plans are not gambling.
§ 1408A. Savings promotion raffle not gambling.
§ 1409. Exemption of law-enforcement officer.
§ 1411. Unlawfully disseminating gambling information; class A misdemeanor.
§ 1413. Exemption for operations of lottery under State control.
§ 1421. Obstructions; service of notice.
§ 1425. Findings of Court; order for removal.
§ 1426. Official removal upon noncompliance with removal order.
§ 1427. Collection of removal expenses; status of contractor; amount of lien.
§ 1428. Maintaining an obstruction; class A misdemeanor; a violation.
§ 1431. Telephone messages received or overheard by police as evidence.
§ 1432. Gambling; definitions.
§ 1441. License to carry concealed deadly weapons.
§ 1442. Carrying a concealed deadly weapon; class G felony; class D felony.
§ 1443. Carrying a concealed dangerous instrument; class A misdemeanor.
§ 1444. Possessing a destructive weapon; class E felony.
§ 1446. Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
§ 1447. Possession of a deadly weapon during commission of a felony; class B felony.
§ 1447A. Possession of a firearm during commission of a felony; class B felony.
§ 1448A. Background checks for sales of firearms.
§ 1448B. Background checks for sales of firearms — Unlicensed persons.
§ 1448C. Civil procedures to relinquish firearms or ammunition.
§ 1449. Wearing body armor during commission of felony; class B felony.
§ 1450. Receiving a stolen firearm; class F felony.
§ 1451. Theft of a firearm; class F felony.
§ 1452. Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
§ 1453. Unlawfully dealing with martial arts throwing star; class B misdemeanor.
§ 1454. Giving a firearm to person prohibited; class F felony.
§ 1455. Engaging in a firearms transaction on behalf of another; class E felony; class C felony.
§ 1456. Unsafe storage of a firearm; class A or B misdemeanor.
§ 1458. Removing a firearm from the possession of a law-enforcement officer; class C felony.
§ 1459. Possession of a weapon with a removed, obliterated or altered serial number.
§ 1459A. Possession of an unfinished firearm frame or receiver with no serial number.
§ 1460. Possession of firearm while under the influence.
§ 1461. Report of loss, theft of firearm.
§ 1462. Covert or undetectable firearms; class E or D felony.
§ 1463. Untraceable firearms; class E or D felony.
§ 1465. Definitions related to assault weapons.
§ 1467. Voluntary certificate of possession.
§ 1468. Definitions related to large-capacity magazines.
§ 1469A. Possession of a large-capacity magazine during the commission of a felony; class B felony.