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Delaware House Democrats

Williams Bill to Limit Ammunition Accessibility in Retail Stores

December 14, 2023

Today Rep. Kim Williams introduced House Bill 270, legislation that would require ammunition sold in retail settings be locked up, or only accessible by store employee assistance.

“This is commonsense and constituent focused legislation,” said Rep. Williams, D-Stanton. “We know that retail ammunition theft has a documented history in the First State. This bill will protect all communities throughout the state by preventing thefts, from local stores to larger retailers.”

Ammunition theft is part of a larger problem plaguing retailers across the state, and Rep. Williams contends this legislation is needed because it targets a commodity that fuels crime activity.

“According to Attorney General Kathy Jennings, a large and substantial amount of the missing Cabela’s ammo ended up on the black market and in the hands of drug dealers and other criminals,” added Rep. Williams. “And that’s the case with most, if not all ammunition thefts.”

While the Newark-based sporting goods retailer voluntarily moved all its ammunition behind sales-counters in March, Rep. Williams believes that this legislation would further deter the efforts of shoplifters.

“Ammunition shouldn’t be left on the sales floor, readily assessable to would-be criminals,” Rep. Williams said. “Especially given the surge in ‘smash and grabs,’ when individuals work together in groups or small mobs to target stores. Delaware retailers are taking different approaches to deter and reduce retail theft. However, store employees often refrain from engaging as thefts are happening.”

“It was this type of ‘hands-off’ loss prevention approach at Cabela’s and easy accessibility that AG Jennings’ office said attributed to the theft of a half-a-million rounds of ammunition,” Rep. Williams added. “This legislation will provide penalties for theft and for retailers who disregard their public safety responsibilities.”

“We need to demand more of the retailers who sell these products in our communities,” said Sen. Jack Walsh, the Senate prime sponsor of House Bill 270. “It makes no sense for stores to put

razors, deodorant and baby formula behind the counter while leaving boxes of ammunition on the floor where someone can tuck them into their pockets and walk out the door. I am grateful to Rep. Williams for sponsoring this legislation and I look forward to passing this measure in the Delaware Senate next year.”

Rep. Williams explains that the bill would fine retailers not adhering to the law $1,000 for the first offense, $5,000 for the second, and up to $10,000 for a third or any subsequent offense.

In addition to requiring retailers secure ammunition, it also requires weapons dealers applying for a new license or a license renewal to provide a description of their theft and loss prevention policies and procedures, as well as documentation of ammunition thefts or losses from the prior year.

The bill would also make shoplifting ammunition a class G felony, regardless of the value of the shoplifted goods.

HB 270 was assigned to the House Judiciary Committee for consideration.

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