- (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- (d) [Repealed.]
(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.
83 Del. Laws, c. 331, § 1; 83 Del. Laws, c. 331, § 6; 83 Del. Laws, c. 348, § 1