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DE House of Rep. Newsletter – #668 – MAY 22, 2026

These are the latest articles from the DE House of Representatives:

IN THIS ISSUE

• NEWS: Disputed “Ghost Gun” Proposal Moves Forward, Despite Unanswered Questions
• NEWS: Bill Would Prevent Police from Publicly Sharing Photos When Seeking Most Suspects
• NEWS: State Revenue Forecast Predicts an Increase of $196 Million
• NEWS: “Buy Local, Eat Local” Benefits Consumers and Delaware Family Farms

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NEWS:

Disputed “Ghost Gun” Proposal Moves Forward, Despite Unanswered Questions

A bill seeking to circumvent ongoing litigation over a controversial state gun law will advance after clearing a House committee earlier this week, despite unanswered questions over its legality or practicality.

Under a 2021 state law, it is a felony offense to own or manufacture so-called “ghost guns” — firearms and components lacking serial numbers. The law also bars the use of a 3-D printer to make a “firearm, firearm receiver, or major firearm component” or distributing data files that could be used to create such devices.

However, that law has been under a federal injunction since September 2022. U.S. District Court Judge Maryellen Noreika found that the ban likely infringes on citizens’ Second Amendment rights, noting that the right to keep and bear arms includes the right to manufacture them. The court emphasized that the self-manufacture of firearms is a deeply rooted tradition in American history and that the state had not provided sufficient evidence to justify the ban.

The 2021 law also lacked a clear path for people owning unserialized guns or parts to move into compliance. 

On Wednesday, the House Judiciary Committee released House Bill 418, which the sponsors say is intended to “clean up” Delaware’s ghost gun law. The proposal would create a protocol for individuals who already possess unnumbered firearms to comply by having them serialized through a federally licensed dealer or rendering them inoperable. The measure would continue to prohibit the possession of any firearm lacking a serial number, with violators facing a class D or E felony.

“The bill…is intended to address a specific portion of the injunction that prevented this law from going into effect in Delaware,” said Delaware Deputy Attorney General John Taylor. “I can’t address the specifics of the ongoing litigation except to say the Department of Justice believes it is constitutional.”

Committee member, State Rep. Jeff Hilovsky (R-Long Neck, Oak Orchard) challenged that statement. “How is this possibly constitutional?” he asked. “Physical seizure of personal property without any remedy or compensation. Depriving [a citizen] of personal property without a hearing [violating]…due process.”

In a later exchange with Rep. Hilovsky, the bill’s prime sponsor, State Rep. Kendra Johnson (D-Bear, New Castle) said, “We are trying to do the right thing for people by making a good faith effort to allow folks to legally possess their guns.”

Rep. Hilovsky responded, saying that while the new legislation may be “less unconstitutional” compared to the law it is trying to fix, “it’s still unconstitutional.”

Rep. Johnson disagreed, stating: “Constitutional versus unconstitutional, I think that is a point of reference or a frame of mind. I understand that you believe it to be unconstitutional. I don’t see it that way…We see this in two very different ways.” 

Jeff Hauge, president of the Delaware State Sportsmen’s Association, testified before the committee, saying the new proposal misses the mark. He noted that the U.S. Supreme Court decision in New York State Rifle & Pistol Club v. Bruen, which was issued the year after Delaware’s original ghost gun law was enacted, fundamentally changed how the constitutionality of firearms laws is assessed. He said under that standard, House Bill 418 is just as flawed as the statute it is trying to patch.

National Rifle Association lobbyist Rick Armitage told the lawmakers the proposal has a more pragmatic problem. “FFLs (federal firearm license holders) are not trained gunsmiths. How are they going to assign and put a serial number on a frame…and how are they going to identify that hobbyist as the manufacturer?… How are you going to make this work? I don’t understand, and I don’t think it was explained to the committee.”

The bill was voted out of committee on a party-line vote, with majority Democrats accounting for the measure’s release. The bill is now on the House Ready List and is eligible for consideration on the House floor.

IN PHOTO, FROM LEFT: House Judiciary Committee members, State Reps. Jeff Hilovsky and Charles Postles (R-Milford North) listen to testimony during Wednesday’s hearing on House Bill 418.

Bill Would Prevent Police from Publicly Sharing Photos When Seeking Most Suspects

A bill passed by the House of Representatives in a contested vote on Tuesday would bar police from seeking the public’s help in identifying suspects in most crimes.

House Bill 59 (as amended) has two distinct aspects. The first would bar law-enforcement agencies from releasing or publishing the names and photos of anyone they arrest unless the person is charged with a violent felony and sharing the information is necessary to protect the public’s safety.

In presenting the bill on the House floor, State Rep. Sean Lynn (D-Dover), who practices criminal law in Dover, said that arrestees are innocent until proven guilty and that the publication of their names and images imposes an unjust stigma on them.

“The Dover P-D published every Saturday, Dover Saturday Shoplifters, [which included] the arrest photos of dozens of people who were merely arrested for the misdemeanor offense of shoplifting,” he said. “It subjects these individuals to public ridicule and shame, regardless of the disposition of the crime. If those people were acquitted or the charges were dismissed, the law enforcement agency would never go back and remove those social media posts.”

While there was apparent bipartisan agreement on this part of the bill, the measure’s second aspect drew criticism. It would ban police from sharing the images of wanted suspects with the public unless the alleged crime was a felony offense and the release was deemed “necessary to protect the public’s safety.”

State Rep. Shannon Morris (R-Harrington, Felton) told the chamber that, while he was very supportive of shielding the names and photos of people arrested for misdemeanors, he would be forced to vote against the bill because of its second provision. “We have law enforcement agencies up and down that state that regularly ask for the community’s help to identify a suspect,” he said. “I just think we’re taking away a very important tool [from] law enforcement.”

State Rep. Valarie Jones Giltner (R-Georgetown) took a similar position, noting that the Georgetown Police Department regularly asks for the public’s help in identifying shoplifting suspects, a practice that would be halted if the bill were enacted.

Under Delaware law, shoplifting is a misdemeanor if the total value of the items stolen is less than $1,500.

“My Hispanic community in Georgetown has theft in their grocery stores… [and] they need to be able to tell the Georgetown Police Department, ‘this is who your suspect is, go after him,’” she said. “[Hundreds of dollars] is not small potatoes to the people that own these small grocery stores…This is not an ‘innocent until proven guilty’ [situation]. This is about asking the community to help source and identify a suspect.”

States such as Utah, Louisiana, New York, Washington, and California have laws that limit public access to booking information or restrict its use on social media platforms.

However, there do not appear to be any states currently barring police from issuing photos or videos when seeking a suspect. Generally, law enforcement agencies are empowered to share such material with the public to advance active investigations.

The bill passed without Republican support on a party-line vote of 23 to 11.

The legislation is currently pending action in the Senate Judiciary Committee.

State Revenue Forecast

Predicts an Increase of $196 Million

The Delaware Economic Financial Advisory Council (DEFAC) issued its latest state revenue estimate earlier this week for the upcoming Fiscal Year 2027, which begins July 1.

This estimate is the fourth in a series of five and will play a major role in determining state spending. 

By law, Delaware budget writers can appropriate no more than 98% of expected state revenue. Since the last forecast was issued in March, the amount of anticipated “spendable” cash lawmakers writing the new appropriations bills will have at their disposal has increased by $196 million to $7.328 billion.

WHERE DID THE REVENUE COME FROM?

According to an analysis by the Office of the Controller General, $104.2 million of the increase came from higher-than-expected collections in the current fiscal year, primarily attributable to the franchise tax, business entity fees, gross receipts tax, personal income tax, and insurance taxes and fees.  

The balance of the increase, $95.8 million, came from projected increases in the gross receipts tax, franchise tax, insurance taxes and fees, and dividends and interest for the upcoming FY 2027. 

WELCOME NEWS FOR BUDGET-WRITERS

The new forecast provides a little breathing room for state budget writers. The total spending contained in the governor’s recommended appropriations bills he unveiled in January — the General Fund Operating Budget, Capital Budget (a.k.a., the Bond Bill), the Grants-in-Aid Bill, etc. — was $7.245 billion.

CONTINGENCY FUNDS REMAIN UNTOUCHED

Two state contingency funds remain intact. The Budget Stabilization Fund continues to have a balance of $469.3 million to cover unexpected budgetary shortfalls. The Budgetary Reserve Account (a.k.a., the Rainy Day Fund), intended to address catastrophic circumstances, is capped at 5% of the state’s expected annual revenue. The account has a current balance of $366.5 million. It has not been tapped in the 46 years since its creation. The state’s 98% spending limit on expected revenue also leaves a 2% buffer of unencumbered cash.

WHAT’S NEXT?

Legislative budget writers will use the latest estimate to draft the state’s spending plans over the next several weeks, setting them, more or less, into their final forms.

The measures will be slightly tweaked after the last revenue forecast is issued on June 15 to reflect that data.

“Buy Local, Eat Local”

Benefits Consumers and

Delaware Family Farms

Twelve years ago, State Rep. Lyndon Yearick partnered with the Delaware Department of Agriculture to establish Delaware Grown Week — an annual observation to facilitate better, healthier relationships between Delaware farmers and local consumers. 

Last week, Rep. Yearick sponsored House Concurrent Resolution 125, designating May 17-23 as Delaware Grown Week 2026.

Rep. Yearick, who grew up on a dairy farm, said encouraging Delawareans to buy and eat local keeps money circulating in the community, provides consumers with the freshest produce and value-added products, and all but eliminates the energy needed to transport food to market.

There are many ways to connect to local farmers. At least 27 community-run farmers markets will be operating in Delaware this year. Delaware has 16 “u-pick” operations that offer a distinctive experience where customers harvest what they consume, and 16 Community Supported Agriculture (CSA) programs.

“CSAs are especially interesting,” Rep. Yearick said. “Consumers purchase a share of a farm’s harvest in advance and get periodic boxes of fresh, locally grown produce throughout the season. These programs vary in length and cost, with full-share and other options available. Members pick up their boxes at the farm or at designated drop-off locations.”

Unlike traditional retail or standard subscription services, CSA members share in the agricultural risks and bounties. If the farm experiences a bumper crop, members get more; if a specific crop does poorly, the yield is reduced. “And patrons get exposed to fruits and vegetables they might otherwise never try,” Rep. Yearick said.

Numerous farms and the Food Bank of Delaware operate CSA programs. For information, click here.

“Regardless of how you connect, taking advantage of what’s raised and grown in our state is a win for everyone,” Rep. Yearick said.

For more information on patronizing Delaware’s family farms, click here.