Two bills included in Del. gun safety package filed

DOVER, Del. – Delaware Senate Democratic leaders introduced a pair of gun safety bills last week to hold the gun industry accountable for reckless or negligent action that leads to gun violence and to limit the power of mass shooters.

Senate Bill 302 would amend the existing liability shield that protects gunmakers and gun dealers from civil action in Delaware, even when their conduct knowingly or recklessly endangers the safety and health of Delawareans. Currently, Title 11 Section 1448A(d) of Delaware Code provides the firearm industry with one of the strongest state liability shields in the country. A Delaware Superior Court judge recently cited that statute as the sole reason for dismissing a lawsuit filed against a Christiana firearms dealer by the family of a 19-year-old innocent bystander who was gunned down in a drive-by shooting in 2016.

According to the lawsuit, an employee of Cabela’s sold the .40-caliber pistol used in the shooting to a woman who was making a straw purchase on behalf of her boyfriend, a convicted felon who orchestrated the sale over the phone from outside of the store. The gun was reportedly later sold on the criminal market to two underage teenagers who then used the weapon to fire on bystanders in Wilmington, killing Keshall “KeKe” Anderson, the mother of a 6-month-old boy.

SB 302 would allow someone harmed by the gun industry’s recklessness or negligence to sue for damages and other relief, while allowing the Delaware Department of Justice to seek an injunction prohibiting that gun industry member from continuing to engage in their actions.

Additionally, Senate Bill 8 would outlaw the possession, sale, and use of auto sears, “Glock switches” and other devices that can convert semi-automatic firearms into fully automatic machine guns capable of firing up to 1,200 rounds per minute. This proposed ban follows the Delaware General Assembly’s 2018 ban of bump stocks, trigger cranks, and other after-market devices that can also be used to accelerate the firing of semi-automatic weapons. In 2021, lawmakers also outlawed homemade “ghost guns” or unfinished receivers and 3D printed firearms that are not marked by serial numbers and can circumvent background check laws.

Both bills are set to be heard in the Senate Executive Committee on Wednesday.