The Delaware Department of Safety and Homeland Security (DSHS) has announced the first of its magazine “buyback” events. The efforts are part of the Delaware Large Capacity Magazine Prohibition Act of 2022. The Delaware legislature passed the law in June of 2022 and Governor John Carney signed it into law.
The act prohibits the production, sale, purchase, receipt, transfer, or possession of magazines with a capacity of more than 17 rounds. As always, active and retired law enforcement officers and active-duty US military members are exempt. Surprisingly, the ban also does not apply to licensed Delaware concealed carriers.
How the “Buybacks” Work
DSHS will begin collection of the outlawed magazines on November 16. The agency says that Delaware citizens “are eligible to receive fair market compensation” for any magazines turned in. Compensation is as follows:
- 18 to 30 round magazine: $15.00
- 31 round magazine or higher: $25.00
- Drum magazine: $80.00
DSHS seems to have learned from some other recent “buyback” schemes and is requiring proof of Delaware citizenship before any payment is made. Anonymous surrenders will be accepted, but there will be no compensation for those magazines. The events are only for individuals. Relinquishments from “wholesale, retail, manufacturers, and distributor business entities” will not be accepted.
Criminal Penalties
Anyone failing to comply with the magazine ban faces a misdemeanor charge for their first offense. Further offenses will result in a Class E felony charge, which could mean up to 5 years in prison. A Class E felony would also result in the offender’s loss of their right to buy and own firearms for the rest of his or her life. All because he had the capacity for 18 rounds instead of 17.
“Buybacks” are a Scam
The whole idea of “buybacks” is, of course, ludicrous. The government cannot “buy back” something it never owned to begin with. And whose money are they laying out for those magazines? Yours, that’s who.
Because governments do not produce revenue, they can only operate through tax money. That’s the nature of the beast. But with these so-called “buyback” programs, they are paying participants with their own money. And if funding didn’t previously exist for those programs? Not to worry. The legislators no doubt jacked up a tax here and there, or created new taxes, to generate those funds. The term “buyback” is laughable and absurd.
The DSHS hopes to complete the program by June of 2023, which is the end of the fiscal year. If not, they will no doubt happily apply for more funding, which the lawmakers in Dover will almost certainly provide. After all, it’s not their money, is it?
Lawsuits in the Works
The National Rifle Association’s Institute for Legislative Action (NRA-ILA) has filed suit against Delaware’s magazine restrictions and the state’s so-called “assault weapons” ban. But, as no injunction has yet been granted, the state is moving forward with collection and enforcement.
It seems to us that Delaware is jumping the gun, considering the Supreme Court’s directions to the Ninth Circuit Court of Appeals regarding California’s magazine ban. The Court’s Bruen Decision seems to indicate that such bans are illegal. The California ban has been remanded all the way back down to Federal District Court and is working its way back up.
But, since the matter has not yet been settled, Delaware apparently intends to grab as much as they can. After all, gun control is an ideological entity and those behind this law will do whatever they can to advance it. They likely know it will be overturned, but Constitutionality does not often factor into gun controllers’ calculations.
We will keep you updated on this story moving forward.
