DOVER, Del. - Four months after winning broad bipartisan approval in the General Assembly, a bill to narrow Delaware's legal definition of a firearm was signed into law on Nov. 1.
State Rep. Jeff Spiegelman, R-Townsend, a primary sponsor of House Bill 357, said the previous definition was so broad it classified nearly any device that launched a projectile as a firearm.
"Under that language, a slingshot, a crossbow, and many other items were technically firearms," Spiegelman said.
Delaware was unique in having such an expansive definition, leading to unintended legal consequences.
"Nail guns couldn’t be used by former felons on job sites, and air bows, which are ideal for deer control in populated areas, couldn't be legalized for hunting," Spiegelman explained. "Even minors using paintball guns could technically violate the law."
The new definition is the result of recommendations from the Firearms Definition Task Force, a bipartisan group that included key stakeholders. The law aligns Delaware's definition with the federal standard, defining a firearm as, "a weapon from which a shot, projectile, or other object is designed or may readily be converted to be discharged by force of an explosive, whether operable or inoperable, loaded or unloaded."
Additionally, the law introduces a new term, "projectile weapon," to cover items like bows, crossbows, airbows, and larger-caliber air guns, modeled after the Delaware Code’s definition of "deadly weapon."
State Sen. Brian Pettyjohn, R-Georgetown, who co-sponsored the bill, noted that Delaware's broad firearm definition had existed for about 40 years but became increasingly problematic as new gun laws were enacted. Pettyjohn said, "The previous definition left too much ambiguity, raising concerns about wrongful charges."
The Department of Justice had opposed narrowing the definition, citing the prosecutorial flexibility it provided.
"They argued for the status quo, promising not to abuse their power," Pettyjohn said. “But the ambiguity posed risks for citizens being wrongfully charged."
The updated definition reflects public perceptions of firearms while still equipping prosecutors with tools to address public safety concerns. The new law will take effect on Feb. 1.
