CHAPTER 147

FORMERLY SENATE BILL NO. 279

AN ACT TO AMEND SUBCHAPTER XVI, CHAPTER 3, TITLE 11 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS AND FIREARMS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Section 465, Subchapter XVI, Chapter 3, Title 11 of the Delaware Code, by striking the period (.) after the word "determine" at the end of the first sentence of Section 465, and adding thereto the following:

"; provided, however, that the provisions contained herein shall not apply to persons possessing machine guns for scientific or experimental research and development purposes, which machine guns have been duly registered under the provisions of the National Firearms Act of 1968. A copy of said registration shall be kept with any such machine gun and shall be made available for inspection by federal, state and local law enforcement officers upon request.

A machine gun shall be defined as any firearm actually capable of discharging more than one cartridge by a single pull of the trigger; and any firearm incapable of discharging more than one cartridge by a single pull of the trigger shall not be considered a machine gun.

Any test firing within the State of Delaware shall be made at facilities approved by the Adjutant General of the Delaware National Guard or the Secretary of the Department of Public Safety and shall be supervised by their duly appointed delegate.

No machine gun may be conveyed or transported unless it is disarmed by removal of its bolt; the disarmed machine gun and its bolts may be transported in the same vehicle, but they must be transported in separate locked containers.

Approved June 25, 1971.