An Act To Amend Chapter 2, Title 11 Of The Delaware Code Relating To Crimes And Deadly Weapons.
Summary
SB 108 amends Delaware’s criminal code definitions related to deadly weapons and switchblade knives. The bill narrows the definition of “ordinary pocketknife” by increasing the blade-length threshold from 3 inches to 3.75 inches, which would exclude more folding knives from being treated as deadly weapons under Title 11. It also removes the specific prohibition on unlawfully dealing with a switchblade knife, eliminating the misdemeanor offense for selling, offering for sale, or possessing a knife whose blade is released by a spring mechanism or gravity.
According to the bill synopsis, the measure is intended to align the law with common lawful uses of one-handed-opening knives by workers in the trades and by outdoor, hunting, and camping users. The bill preserves criminal liability when such a knife is used as part of an attack or assault intended to cause death or serious physical injury, so the change is focused on possession and ordinary use rather than violent conduct.
Impact
The bill changes Title 11 of the Delaware Code by revising the statutory definition of deadly weapon and by repealing the specific offense for unlawfully dealing with switchblade knives. As a result, more folding knives and similar one-handed-opening knives would be lawful to own or possess without being treated as deadly weapons solely because of their opening mechanism or blade length. Law enforcement and prosecutors would still be able to charge deadly-weapon offenses when a knife is used in the commission of an assault or other violent crime.
Sentiment
The available voting record shows strong bipartisan support and no recorded opposition: the Senate passed the bill 20-0 and the House passed it 40-0. The synopsis also reflects a generally practical, pro-tool-use rationale, emphasizing lawful everyday and occupational uses rather than criminal misuse. No committee transcript is available, but the unanimous votes suggest broad agreement that the law should be updated.
Contention
The main policy issue is whether knives that can be opened with one hand, including switchblades and similar folding knives, should be treated as inherently dangerous weapons or as ordinary tools. Supporters argue the current law sweeps in many law-abiding users in trades, hunting, camping, and outdoor activities. The bill’s approach preserves punishment for violent use, so any remaining concern would likely center on whether loosening possession restrictions could reduce public-safety protections, though no recorded votes or transcripts show active opposition.