MODEL BILLS
Large-Capacity Ammunition Magazine Prohibition Act
Summary: The Large-Capacity Ammunition Magazine Prohibition Act bans the sale and possession of ammunition magazines holding more than a certain number of rounds and creates a buy-back program for prohibited ammunition magazines owned on the effective date of the Act.
Based on Delaware SB 6 (2022)
SECTION 1. SHORT TITLE
This Act shall be called the “Large-Capacity Ammunition Magazine Prohibition Act.”
SECTION 2. FINDINGS AND PURPOSE
(A) FINDINGS—The legislature/council finds that:
1) High-capacity ammunition magazines are designed to enable a shooter to fire many bullets very quickly without reloading. While such ammunition magazines can hold as many as 100 rounds, most hold 20 or 30 rounds and can be purchased for as little as $10 apiece.
2) Shootings with high-capacity ammunition magazines cause more fatalities and injuries than those without such magazines. Such magazines are extremely useful for, and commonly used in, mass shootings and gang violence.
3) From 1994 to 2004, federal law banned the manufacture and sale of magazines holding more than ten rounds. Today, 13 states ban ammunition magazines of various maximum sizes.
4) High-capacity ammunition magazines are a threat to public safety and unnecessary for lawful civilian uses. They should be prohibited.
(B) PURPOSE—This law is enacted to protect the security and safety of residents of, and visitors to, the state.
SECTION 3. LARGE-CAPACITY AMMUNITION MAGAZINES
In section XXX, the following new paragraphs shall be inserted:
(A) DEFINITIONS—In this section:
1) “Ammunition feeding device” means any magazine, belt, drum, feed strip, or similar device that holds ammunition for a firearm.
2) “Large-capacity magazine” means any ammunition feeding device capable of accepting, or that can readily be converted to accept, more than [10] rounds of ammunition. “Large-capacity magazine” includes an ammunition feeding device with a removable floor plate or end plate, if the device can readily be extended to accept more than [10] rounds of ammunition. “Large-capacity magazine” does not include an attached tubular device designed to accept, and only capable of operating with, .22 caliber rimfire ammunition.
3) “Licensed firearms dealer” means a person licensed as a deadly weapons dealer under Chapter 9 of Title 24 and 18 U.S.C. § 921 et seq.
(B) PROHIBITION
1) 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 any large-capacity magazine.
2) A violation of this section is a [class B misdemeanor for a first offense and a class E felony for a subsequent offense].
3) A large-capacity magazine is subject to forfeiture for a violation of this section.
4) This section does not apply to any of the following:
a) Personnel of the United States government or a unit of that government who are acting within the scope of official business.
b) Members of the armed forces of the United States or of the National Guard who are acting within the scope of official business.
c) A law-enforcement officer who is acting within the scope of official business.
d) A licensed firearms dealer that sells a large-capacity magazine to another licensed firearms dealer or to an individual exempt under subparagraphs (a) through (c) of this subsection.
5) A resident of this State who possesses a large-capacity magazine on [the effective date of this Act] shall, no later than [June 30, 202X], relinquish the large-capacity magazine to a law-enforcement agency of this State.
(C) BUY-BACK PROGRAM
1) The Secretary of the [Department of Public Safety] shall establish and administer a compensation program for residents of this State to allow a resident in possession of a large-capacity magazine on [the effective date of this Act] to relinquish the large-capacity magazine to the Department or a participating local law-enforcement agency in exchange for a monetary payment established under this subsection. The Secretary shall adopt rules to implement the compensation program, including the following:
a) The compensation program is implemented between [the effective date of this Act] and [June 30, 202X], at locations in regions throughout the State. The Department shall coordinate with local law-enforcement agencies in implementing the program.
b) 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 [$10] for each large-capacity magazine.
c) The Department establishes the method for providing the monetary payment and reimbursing a participating law-enforcement agency for payments made to residents under the compensation program.
2) The Secretary shall submit a report to the General Assembly by [December 31, 202X], 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.
SECTION 4. APPROPRIATION
The sum of [$100,000] is appropriated from the General Fund in Fiscal Year [2023] for the purpose of providing compensation for the purchase of large-capacity magazines by the [Department of Public Safety] under this Act.
SECTION 5. SEVERABILITY
The provisions of this Act shall be severable, and if any phrase, clause, sentence, or provision is declared to be invalid or is preempted by federal law or regulation, the validity of the remainder of this Act shall not be affected.
SECTION 6. EFFECTIVE DATE
This law shall become effective on XXXX 1, 202X.