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Delaware Gun Laws

last updated: February 7, 2017

Gun laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://delcode.delaware.gov/.

Delaware Constitution Article I, Section 20

A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.

TITLE 7 - CONSERVATION

Part I - GAME, WILDLIFE AND DOGS

CHAPTER 7 - Regulations And Prohibitions Concerning Game And Fish

Subchapter I - General Provisions

§7-7-707 - (2014) Hunting or shooting from motor vehicle, boats or farm machinery prohibited; penalty
  1. No person shall shoot at or kill any bird or animal protected by the laws of this State by means of any firearms at any time or place while such person is the occupant of any motor vehicle, motor or sail boat or is riding in or upon any piece of farm machinery, unless said person is legally hunting crippled migratory birds from a motorboat as permitted by federal law. The presence of any person in or on any conveyance used in violation of this section shall be deemed to be a violation of this section.
  2. Whoever violates this section in the daytime, between sunrise and sunset, shall be guilty of a class C environmental violation for each offense. Whoever violates this section between sunset and sunrise of any day, shall be guilty of a class B environmental misdemeanor for each offense.

History: 26 Del. Laws, c. 165, § 7; 27 Del. Laws, c. 158, § 5; Code 1915, § 2380; 35 Del. Laws, c. 173, § 1; Code 1935, § 2828; 46 Del. Laws, c. 147, § 1; 7 Del. C. 1953, § 708; 51 Del. Laws, c. 339, § 2; 59 Del. Laws, c. 81; 70 Del. Laws, c. 275, §§ 47, 48, 71; 79 Del. Laws, c. 421, § 3.

§7-7-708 - Loaded firearms prohibited in or on motor vehicles, motorboats or farm machinery

No person shall have a loaded shotgun or rifle in that person's possession in, against or on any automobile, other vehicle, any piece of farm machinery, motorboat while under power, sailboat while under power, or have any ammunition in the magazine or chamber of such shotgun or rifle except when it is otherwise lawful to hunt crippled migratory birds from a motorboat as permitted by federal law.

History: 26 Del. Laws, c. 165, § 8; Code 1915, § 2381; Code 1935, § 2829; 47 Del. Laws, c. 322, § 1; 7 Del. C. 1953, § 709; 59 Del. Laws, c. 144; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 275, § 71.

§7-7-710 - (2014) Use of silencer on gun; penalty

Whoever uses a silencer or noise-reducing contrivance on any gun, rifle or firearm when hunting for game or fowl, shall be guilty of a class C environmental violation.

History: Code 1915, § 2381A; 35 Del. Laws, c. 169, § 1; Code 1935, § 2830; 7 Del. C. 1953, § 711; 70 Del. Laws, c. 275, §§ 50, 71; 79 Del. Laws, c. 421, § 3; 14.

§7-7-711 - Hunting with automatic-loading gun prohibited; penalty
  1. No person shall hunt for game birds or game animals in this State, except as authorized by state-sanctioned federal depredation/conservation orders for selected waterfowl species, with or by means of any automatic-loading or hand-operated repeating shotgun capable of holding more than 3 shells, the magazine of which has not been cut off or plugged with a filler incapable of removal through the loading end thereof, so as to reduce the capacity of said gun to not more than 3 shells at 1 time, in the magazine and chamber combined.
  2. Whoever violates this section shall be guilty of a class C environmental violation.
  3. Having in one's possession, while in the act of hunting game birds or game animals, a gun that will hold more than 3 shells at 1 time in the magazine and chamber combined, except as authorized in subsection (a) of this section, shall be prima facie evidence of violation of this section.

History: Code 1935, § 2830A; 45 Del. Laws, c. 204, § 1; 7 Del. C. 1953, § 712; 70 Del. Laws, c. 275, §§ 51, 71; 76 Del. Laws, c. 302, §§ 1-3; 79 Del. Laws, c. 421, § 3.

TITLE 9 - COUNTIES

PROVISIONS AFFECTING ALL COUNTIES

CHAPTER 3 - County Governments Generally

Subchapter II - County Governments

§9-11-330 - (2015) General powers and duties
  1. The county government of each county shall:
    1. Except as otherwise provided by law, have the direction, management and control of the business and finances of the respective counties; and
    2. Have full and complete jurisdiction over all matters and things now or hereafter vested by law in the county governments of the respective counties, or in, or appertaining to, the office of the county governing officials of each county; and
    3. Have and exercise every power, privilege, right and duty which belongs and appertains to the county governments of the respective counties, or to the office of the county governing officials of the county; and
    4. Have the power and authority to impose and collect by ordinance a tax upon the transfer of real property situate within unincorporated areas of the county, subject to the conditions and limitations provided in §8102 of this title.
  2. The county governments of the several counties shall take care that:
    1. The affairs of the respective counties are administered with efficiency and economy; and
    2. The officers and employees of the counties, chosen and appointed by the county governments, shall faithfully perform the duties imposed upon them.
  3. The county governments shall enact no law or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11 of the Delaware Code.
  4. Notwithstanding subsection (c) of this section, county governments may adopt ordinances regulating the possession of firearms, ammunition, components of firearms, or explosives in police stations and county buildings which contain all of the provisions contained in this subsection. Any ordinance adopted by a county government regulating possession of firearms, ammunition, components of firearms, or explosives in police stations or county buildings shall require that all areas where possession is restricted are clearly identified by a conspicuous sign posted at each entrance to the restricted areas. The sign may also specify that persons in violation may be denied entrance to the building or be ordered to leave the building. Any ordinance adopted by county governments relating to possession in police stations or county buildings shall also state that any person who immediately foregoes entry or immediately exits such building due to the possession of a firearm, ammunition, components of firearms, or explosives shall not be guilty of violating the ordinance. County governments may establish penalties for any intentional violation of such ordinance as deemed necessary to protect public safety. An ordinance adopted by the county government shall not prevent the following in county buildings or police stations:
    1. Possession of firearms, components of firearms, and ammunition or explosives by law-enforcement officers;
    2. Law-enforcement agencies receiving shipments or delivery of firearms, components of firearms, ammunition or explosives;
    3. Law-enforcement agencies conducting firearms safety and training programs;
    4. Law-enforcement agencies from conducting firearm or ammunition public safety programs, donation, amnesty, or any other similar programs in police stations or municipal buildings;
    5. Compliance by persons subject to protection from abuse court orders;
    6. Carrying firearms and ammunition by persons who hold a valid license pursuant to either § 1441 or § 1441A of Title 11 so long as the firearm remains concealed except for inadvertent display or for self-defense or defense of others;
    7. Officers or employees of the United States duly authorized to carry a concealed firearm;
    8. Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property and are engaged in the lawful execution of such duties.
  5. For the purposes of this section, "county building" means a building where a county government entity meets in its official capacity or containing the offices of elected officials and of public employees actively engaged in performing governmental business but excluding any parking facility; provided, however, that if such building is not a county-owned or -leased building, such building shall be considered a county building for the purposes of this section only during the time such government entity is meeting in or occupying such a building.

History: 22 Del. Laws, c. 54, §5; Code 1915, §§1018, 1048; 28 Del. Laws, c. 76, §4; 31 Del. Laws, c. 13, §17; 40 Del. Laws, c. 126, §6; Code 1935, §§1153, 1219, 1230; 9 Del. C. 1953, §341; 65 Del. Laws, c. 133, §2; 67 Del. Laws, c. 415, §1.; 80 Del. Laws, c. 166, § 1.

TITLE 11 - CRIMES AND CRIMINAL PROCEDURE

CHAPTER 2 - General Provisions Concerning Offenses

§11-2-221 - Principles of definitions
  1. In this Criminal Code when the word "means" is employed in defining a word or term, the definition is limited to the meaning given.
  2. In this Criminal Code, when the word "includes" is employed in defining a word or term, the definition is not limited to the meaning given, but in appropriate cases the word or term may be defined in any way not inconsistent with the definition given.
  3. If a word used in this Criminal Code is not defined herein, it has its commonly accepted meaning, and may be defined as appropriate to fulfill the purposes of the provision as declared in §201 of this title.

History: 11 Del. C. 1953, §221; 58 Del. Laws, c. 497, §1.;

§11-2-222 - General definitions

When used in this Criminal Code:

  1. "Building," in addition to its ordinary meaning, includes any structure, vehicle or watercraft. Where a building consists of 2 or more units separately secured or occupied, each unit shall be deemed a separate building.
  2. "Controlled substance" or "counterfeit substance" shall have the same meaning as used in Chapter 47 of Title 16.
  3. "Conviction" means a verdict of guilty by the trier of fact, whether judge or jury, or a plea of guilty or a plea of nolo contendere accepted by the court.
  4. "Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury, or any disabling chemical spray, as defined in paragraph (6) of this section or any electronic control devices including but not limited to a neuromuscular incapacitation device designed to incapacitate a person.
  5. "Deadly weapon" includes a "firearm", as defined in paragraph (12) of this section, a bomb, a knife of any sort (other than an ordinary pocketknife carried in a closed position), switchblade knife, billy, blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain or ice pick or any "dangerous instrument", as defined in paragraph (4) of this section, which is used, or attempted to be used, to cause death or serious physical injury. For the purpose of this definition, an ordinary pocketknife shall be a folding knife having a blade not more than 3 inches in length.
  6. "Disabling chemical spray" includes mace, tear gas, pepper spray or any other mixture containing quantities thereof, or any other aerosol spray or any liquid, gaseous or solid substance capable of producing temporary physical discomfort, disability or injury through being vaporized or otherwise dispersed in the air, or any cannister, container or device designed or intended to carry, store or disperse such aerosol spray or such gas or solid.
  7. "Defraud" means to acquire a gain or advantage by fraud.
  8. "Drug" means any substance or preparation capable of producing any alteration of the physical, mental or emotional condition of a person.
  9. "Elderly person" means any person who is 62 years of age or older. Thus, the terms "elderly person" and "person who is 62 years of age or older" shall have the same meaning as used in this Code or in any action brought pursuant to this Code.
  10. "Electronic control device" is a device designed to incapacitate a person, including but not limited to a neuromuscular incapacitation device.
  11. "Female" means a person of the female sex.
  12. "Firearm" includes any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable, loaded or unloaded. It does not include a BB gun.
  13. "Fraud" means an intentional perversion, misrepresentation or concealment of truth.
  14. "Law" includes statutes and ordinances. Unless the context otherwise clearly requires, "law" also includes settled principles of the common law of Delaware governing areas other than substantive criminal law.
  15. "Law-enforcement officer" includes police officers, the Attorney General and the Attorney General's deputies, agents of the State Division of Alcohol and Tobacco Enforcement, correctional officers, state fire marshals, municipal fire marshals that are graduates of a Delaware Police Academy which is accredited/authorized by the Council on Police Training, sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Council on Police Training, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, and constables. A sheriff or deputy sheriff shall be considered a "law-enforcement officer" when acting upon a specific order of a judge or commissioner of Superior Court. Sheriffs and deputy sheriffs shall not have any arrest authority. However, sheriffs and deputy sheriffs may take into custody and transport a person when specifically so ordered by a judge or commissioner of Superior Court.
  16. "Lawful" means in accordance with law or, where the context so requires, not prohibited by law.
  17. "Male" means a person of the male sex.
  18. "Mental illness" means any condition of the brain or nervous system recognized as a mental disease by a substantial part of the medical profession.
  19. "Narcotic drug" shall have the same definition as contained in §4701(27) of Title 16.
  20. "Oath or affirmation," for the purpose of warrants, can be made via videophone, telephone, secure electronic means or in person.
  21. "Person" means a human being who has been born and is alive, and, where appropriate, a public or private corporation, a trust, a firm, a joint stock company, a union, an unincorporated association, a partnership, a government or a governmental instrumentality.
  22. "Physical force" means any application of force upon or toward the body of another person.
  23. "Physical injury" means impairment of physical condition or substantial pain.
  24. "Public transit operator" means a person in control or in charge of a transportation vehicle for public use, in exchange for a fee or charge, offered by any railroad, street railway, traction railway, motor bus, or trolley coach. Specifically excluded are:
    1. Transportation to and from any school or school-sponsored event when such transportation is under the regulation of the Department of Education; and
    2. Transportation to and from a church, synagogue or other place of worship;
    3. Shuttle-type transportation provided by business establishments without charge to customers of the businesses offering such shuttle transportation between fixed termini; and
    4. Limousine services.
  25. "Serious mental disorder" means any condition of the brain or nervous system recognized as defective, as compared with an average or normal condition, by a substantial part of the medical profession.
  26. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ, or which causes the unlawful termination of a pregnancy without the consent of the pregnant female.
  27. "Telephone," in addition to its ordinary meaning, includes any computer (as defined in §931 of this title) or any other electronic device which is actually used to engage in a wire communication (as defined in §2401(20) of this title) with any other telephone, computer or electronic device.
  28. "Therapeutic abortion" means an abortion performed pursuant to subchapter IX of Chapter 17 of Title 24.
  29. "Unlawful" means contrary to law or, where the context so requires, not permitted by law. It does not mean wrongful or immoral.
  30. "Vehicle" includes any means in or by which someone travels or something is carried or conveyed or a means of conveyance or transport, whether or not propelled by its own power.

History: 11 Del. C. 1953, §222; 58 Del. Laws, c. 497, §1; 59 Del. Laws, c. 203, §1; 63 Del. Laws, c. 92, §1; 64 Del. Laws, c. 17, §1; 68 Del. Laws, c. 378, §§1-3; 69 Del. Laws, c. 24, §1; 70 Del. Laws, c. 186, §1; 70 Del. Laws, c. 383, §1; 71 Del. Laws, c. 374, §§1-3; 72 Del. Laws, c. 34, §8; 72 Del. Laws, c. 43, §2; 72 Del. Laws, c. 50, §1; 72 Del. Laws, c. 371, §1; 72 Del. Laws, c. 379, §1; 73 Del. Laws, c. 126, §1; 73 Del. Laws, c. 249, §1; 73 Del. Laws, c. 413, §1; 74 Del. Laws, c. 71, §4; 74 Del. Laws, c. 250, §2; 76 Del. Laws, c. 270, §§1, 2; 77 Del. Laws, c. 64, §3; 78 Del. Laws, c. 13, §3; 78 Del. Laws, c. 224, §1; 78 Del. Laws, c. 266, §1; 78 Del. Laws, c. 325, §3.;

§11-2-223 - Words of gender or number

Unless the context otherwise requires, words denoting the singular number may, and where necessary shall, be construed as denoting the plural number, and words denoting the plural number may, and where necessary shall, be construed as denoting the singular number, and words denoting the masculine gender may, and where necessary shall, be construed as denoting the feminine gender or the neuter gender.

History: 11 Del. C. 1953, §223; 58 Del. Laws, c. 497, §1.;

§11-2-224 - Valuation of property

Whenever the value of property is determinative of the degree of an accused's criminal guilt or otherwise relevant in a criminal prosecution, it shall be ascertained as follows:

  1. Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if that cannot be satisfactorily ascertained, the cost of replacing the property within a reasonable time after the crime.
  2. Whether or not they have been issued or delivered, the value of certain written instruments, not including those having a readily ascertainable market value, shall be ascertained as follows:
    1. The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.
    2. The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
  3. When the value of property cannot satisfactorily be ascertained pursuant to the standards set forth in paragraphs (1) and (2) of this section, its value shall be deemed to be an amount less than $100.

History: 11 Del. C. 1953, §224; 58 Del. Laws, c. 497, §1.;

§11-2-231 - Definitions relating to state of mind
  1. "Criminal negligence". -- A person acts with criminal negligence with respect to an element of an offense when the person fails to perceive a risk that the element exists or will result from the conduct. The risk must be of such a nature and degree that failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
  2. "Intentionally". -- A person acts intentionally with respect to an element of an offense when:
    1. If the element involves the nature of the person's conduct or a result thereof, it is the person's conscious object to engage in conduct of that nature or to cause that result; and
    2. If the element involves the attendant circumstances, the person is aware of the existence of such circumstances or believes or hopes that they exist.
  3. "Knowingly". -- A person acts knowingly with respect to an element of an offense when:
    1. If the element involves the nature of the person's conduct or the attendant circumstances, the person is aware that the conduct is of that nature or that such circumstances exist; and
    2. If the element involves a result of the person's conduct, the person is aware that it is practically certain that the conduct will cause that result.
  4. "Negligence". -- A person acts with negligence with respect to an element of an offense when the person fails to exercise the standard of care which a reasonable person would observe in the situation.
  5. "Recklessly". -- A person acts recklessly with respect to an element of an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from the conduct. The risk must be of such a nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.

History: 11 Del. C. 1953, §231; 58 Del. Laws, c. 497, §1; 63 Del. Laws, c. 88, §6; 70 Del. Laws, c. 186, §1.;

§11-2-232 - Definition relating to elements of offense

"Elements of an offense" are those physical acts, attendant circumstances, results and states of mind which are specifically included within the definition of the offense or, if the definition is incomplete, those states of mind which are supplied by the general provisions of this Criminal Code. Facts establishing jurisdiction and venue and establishing that the offense was committed within the time period prescribed in §205 of this title must also be proved as elements of the offense.

History: 11 Del. C. 1953, §232; 58 Del. Laws, c. 497, §1.;

§11-2-233 - Definition and classification of offenses
  1. "Crime" or "offense" means an act or omission forbidden by a statute of this State and punishable upon conviction by:
    1. Imprisonment; or
    2. Fine; or
    3. Removal from office; or
    4. Disqualification to hold any office of trust, honor or profit under the State; or
    5. Other penal discipline.
  2. An act or omission is forbidden by a statute of this State if a statute makes the act or omission punishable by any form of punishment mentioned in subsection (a) of this section.
  3. An offense is either a felony, a misdemeanor or a violation. Any offense not specifically designated by law to be a felony or a violation is a misdemeanor.

History: 11 Del. C. 1953, §233; 58 Del. Laws, c. 497, §1.;

§11-2-234 - Definition of terms requiring certain sentences

When used for the purpose of describing or requiring a sentence of incarceration imposed pursuant to this title, the terms "minimum," "mandatory," "minimum mandatory" and "mandatory minimum" shall be construed as being synonymous.

History: 71 Del. Laws, c. 98, §1.;

CHAPTER 4 - Defenses To Criminal Liability

§11-4-431 - Duress as affirmative defense; defense unavailable in certain situations
  1. In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the conduct charged to constitute the offense because the defendant was coerced to do so by the use of, or a threat to use, force against the defendant's person or the person of another, which a reasonable person in the defendant's situation would have been unable to resist.
  2. The defense provided by subsection (a) of this section is unavailable if the defendant intentionally or recklessly placed himself or herself in a situation in which it was probable that the defendant would be subjected to duress.
  3. It is not a defense that a woman acted on the command of her husband, unless she acted under such coercion as would establish a defense under this section. The presumption that a woman acting in the presence of her husband is coerced is abolished.

11 Del. C. 1953, §431; 58 Del. Laws, c. 497, §1; 70 Del. Laws, c. 186, §1.;

§11-4-432 - Entrapment as affirmative defense; defense unavailable in certain situations
  1. In any prosecution for an offense, it is an affirmative defense that the accused engaged in the proscribed conduct because the accused was induced by a law-enforcement official or the law-enforcement official's agent who is acting in the knowing cooperation with such an official to engage in the proscribed conduct constituting such conduct which is a crime when such person is not otherwise disposed to do so. The defense of entrapment as defined by this Criminal Code concedes the commission of the act charged but claims that it should not be punished because of the wrongdoing of the officer originates the idea of the crime and then induces the other person to engage in conduct constituting such a crime when the other person is not otherwise disposed to do so.
  2. The defense afforded by subsection (a) of this section is unavailable when causing or threatening physical injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.

11 Del. C. 1953, §432; 58 Del. Laws, c. 497, §1; 59 Del. Laws, c. 203, §38; 70 Del. Laws, c. 186, §1.;

§11-4-461 - Justification - A defense

In any prosecution for an offense, justification, as defined in §§462-471 of this title, is a defense.

11 Del. C. 1953, §461; 58 Del. Laws, c. 497, §1.;

§11-4-462 - Justification - Execution of public duty
  1. Unless inconsistent with the ensuing sections of this Criminal Code defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by a provision of law or by a judicial decree, including:
    1. Laws defining duties and functions of public officers;
    2. Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;
    3. Laws governing the execution of legal process;
    4. Laws governing the military services and the conduct of war; and
    5. Judgments or orders of competent courts or tribunals.
  2. The justification afforded by subsection (a) of this section applies when:
    1. The defendant's conduct is required or authorized by the judgment or order of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or
    2. The defendant believes the conduct to be required or authorized to assist a public officer in the performance of the officer's duties, notwithstanding that the officer exceeded the officer's legal authority.

11 Del. C. 1953, §462; 58 Del. Laws, c. 497, §1; 59 Del. Laws, c. 203, §4; 70 Del. Laws, c. 186, §1.;

§11-4-463 - Justification - Choice of evils

Unless inconsistent with the ensuing sections of this Criminal Code defining justifiable use of physical force, or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the defendant, and which is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding such injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue. The necessity and justifiability of such conduct may not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder.

11 Del. C. 1953, §463; 58 Del. Laws, c. 497, §1.;

§11-4-464 - Justification - Use of force in self-protection
  1. The use of force upon or toward another person is justifiable when the defendant believes that such force is immediately necessary for the purpose of protecting the defendant against the use of unlawful force by the other person on the present occasion.
  2. Except as otherwise provided in subsections (d) and (e) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as the person believes them to be when the force is used, without retreating, surrendering possession, doing any other act which the person has no legal duty to do or abstaining from any lawful action.
  3. The use of deadly force is justifiable under this section if the defendant believes that such force is necessary to protect the defendant against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.
  4. The use of force is not justifiable under this section to resist an arrest which the defendant knows or should know is being made by a peace officer, whether or not the arrest is lawful.
  5. The use of deadly force is not justifiable under this section if:
    1. The defendant, with the purpose of causing death or serious physical injury, provoked the use of force against the defendant in the same encounter; or
    2. The defendant knows that the necessity of using deadly force can be avoided with complete safety by retreating, by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that the defendant abstain from performing an act which the defendant is not legally obligated to perform except that:
      1. The defendant is not obliged to retreat in or from the defendant's dwelling; and
      2. The defendant is not obliged to retreat in or from the defendant's place of work, unless the defendant was the initial aggressor; and
      3. A public officer justified in using force in the performance of the officer's duties, or a person justified in using force in assisting an officer or a person justified in using force in making an arrest or preventing an escape, need not desist from efforts to perform the duty or make the arrest or prevent the escape because of resistance or threatened resistance by or on behalf of the person against whom the action is directed.

11 Del. C. 1953, §464; 58 Del. Laws, c. 497, §1; 59 Del. Laws, c. 203, §5; 70 Del. Laws, c. 186, §1.;

§11-4-465 - Justification - Use of force for the protection of other persons
  1. The use of force upon or toward the person of another is justifiable to protect a third person when:
    1. The defendant would have been justified under §464 of this title in using such force to protect the defendant against the injury the defendant believes to be threatened to the person whom the defendant seeks to protect; and
    2. Under the circumstances as the defendant believes them to be, the person whom the defendant seeks to protect would have been justified in using such protective force; and
    3. The defendant believes that intervention is necessary for the protection of the other person.
  2. Although the defendant would have been obliged under §464 of this title to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, there is no obligation to do so before using force for the protection of another person, unless the defendant knows that the defendant can thereby secure the complete safety of the other person.
  3. When the person whom the defendant seeks to protect would have been obliged under §464 of this title to retreat, to surrender the possession of a thing or to comply with a demand if the person knew that the person could obtain complete safety by so doing, the defendant is obliged to try to cause the person to do so before using force in the person's protection if the actor knows that complete safety can be secured in that way.
  4. Neither the defendant nor the person whom the defendant seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in their own.

11 Del. C. 1953, §465; 58 Del. Laws, c. 497, §1; 70 Del. Laws, c. 186, §1.;

§11-4-466 - Justification - Use of force for the protection of property
  1. The use of force upon or toward the person of another is justifiable when the defendant believes that such force is immediately necessary:
    1. To prevent the commission of criminal trespass or burglary in a building or upon real property in the defendant's possession or in the possession of another person for whose protection the defendant acts; or
    2. To prevent entry upon real property in the defendant's possession or in the possession of another person for whose protection the defendant acts; or
    3. To prevent theft, criminal mischief or any trespassory taking of tangible, movable property in the defendant's possession or in the possession of another person for whose protection the defendant acts.
  2. The defendant may in the circumstances named in subsection (a) of this section use such force as the defendant believes is necessary to protect the threatened property, provided that the defendant first requests the person against whom force is used to desist from interference with the property, unless the defendant believes that:
    1. Such a request would be useless; or
    2. It would be dangerous to the defendant or another person to make the request; or
    3. Substantial harm would be done to the physical condition of the property which is sought to be protected before the request could effectively be made.
  3. The use of deadly force for the protection of property is justifiable only if the defendant believes that:
    1. The person against whom the force is used is attempting to dispossess the defendant of the defendant's dwelling otherwise than under a claim of right to its possession; or
    2. The person against whom the deadly force is used is attempting to commit arson, burglary, robbery or felonious theft or property destruction and either:
      1. Had employed or threatened deadly force against or in the presence of the defendant; or
      2. Under the circumstances existing at the time, the defendant believed the use of force other than deadly force would expose the defendant, or another person in the defendant's presence, to the reasonable likelihood of serious physical injury.
  4. Where a person has used force for the protection of property and has not been convicted for any crime or offense connected with that use of force, such person shall not be liable for damages or be otherwise civilly liable to the one against whom such force was used.

11 Del. C. 1953, §466; 58 Del. Laws, c. 497, §1; 62 Del. Laws, c. 266, §§1, 2; 70 Del. Laws, c. 186, §1.;

§11-4-467 - Justification - Use of force in law enforcement
  1. The use of force upon or toward the person of another is justifiable when:
    1. The defendant is making an arrest or assisting in making an arrest and believes that such force is immediately necessary to effect the arrest; or
    2. The defendant is attempting to arrest an individual that has taken a hostage, and refused to comply with an order to release the hostage; and
      1. The defendant believes that the use of force is necessary to prevent physical harm to any person taken hostage; or
      2. The defendant has been ordered by an individual the defendant believes possesses superior authority or knowledge to apply the use of force.
  2. The use of force is not justifiable under this section unless:
    1. The defendant makes known the purpose of the arrest or believes that it is otherwise known or cannot reasonably be made known to the person to be arrested; and
    2. When the arrest is made under a warrant, the warrant is valid or believed by the defendant to be valid; or
    3. When the arrest is made without a warrant, the defendant believes the arrest to be lawful.
  3. The use of deadly force is justifiable under this section if all other reasonable means of apprehension have been exhausted, and:
    1. The defendant believes the arrest is for any crime involving physical injury or threat thereof, and the deadly force is directed at a vehicle to disable it for the purpose of effecting the arrest, or the defendant believes the arrest is for a felony involving physical injury or threat thereof;
    2. The defendant believes that the force employed creates no substantial risk of injury to innocent persons; and
    3. The defendant believes that there is a substantial risk that the person to be arrested will cause death or serious physical injury, or will never be captured if apprehension is delayed.
  4. The use of force to prevent the escape of an arrested person from custody is justifiable when the force could justifiably have been employed to effect the arrest under which the person is in custody, except that a guard or other person authorized to act as a peace officer is justified in using any force, including deadly force, which the person believes to be immediately necessary to prevent the escape of a person from a jail, prison or other institution for the detention of persons charged with or convicted of a crime.
  5. The use of force upon or toward the person of another is justifiable when the defendant believes that such force is immediately necessary to prevent such other person from committing suicide, inflicting serious physical injury upon the person's self or committing a crime involving or threatening physical injury, damage to or loss of property or a breach of the peace, except that the use of deadly force is not justifiable under this subsection unless:
    1. The defendant believes that there is a substantial risk that the person whom the defendant seeks to prevent from committing a crime will cause death or serious physical injury to another unless the commission of the crime is prevented and that the use of deadly force presents no substantial risk of injury to innocent persons; or
    2. The defendant believes that the use of deadly force is necessary to suppress a riot or mutiny after the rioters or mutineers have been ordered to disperse and warned, in any manner that the law may require, that such force will be used if they do not obey.
  6. The use of deadly force is justifiable under this section if the defendant is attempting to arrest an individual that has taken a hostage, and has refused to comply with an order to release the hostage; and
    1. The defendant believes that the use of force is necessary to prevent physical harm to any person taken hostage, or the defendant has been ordered by an individual the defendant believes possesses superior authority or knowledge to apply the use of force; and
    2. The defendant believes that the force employed creates no substantial risk of injury to innocent persons; and
    3. The defendant or a person of superior authority or knowledge who order the use of deadly force believes that there is a substantial risk that the person to be arrested will cause death or serious physical injury.

11 Del. C. 1953, §467; 58 Del. Laws, c. 497, §1; 59 Del. Laws, c. 203, §6; 70 Del. Laws, c. 186, §1; 75 Del. Laws, c. 180, §§1, 2.;

§11-4-468 - Justification - Use of force by persons with special responsibility for care, discipline or safety of others

The use of force upon or toward the person of another is justifiable if it is reasonable and moderate and:

  1. The defendant is the parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child, or a person acting at the request of a parent, guardian, foster parent, legal custodian or other responsible person, and:
    1. The force is used for the purpose of safeguarding or promoting the welfare of the child, including the prevention or punishment of misconduct; and
    2. The force used is intended to benefit the child, or for the special purposes listed in paragraphs (2)a., (3)a., (4)a., (5), (6) and (7) of this section. The size, age, condition of the child, location of the force and the strength and duration of the force shall be factors considered in determining whether the force used is reasonable and moderate; but
    3. The force shall not be justified if it includes, but is not limited to, any of the following: Throwing the child, kicking, burning, cutting, striking with a closed fist, interfering with breathing, use of or threatened use of a deadly weapon, prolonged deprivation of sustenance or medication, or doing any other act that is likely to cause or does cause physical injury, disfigurement, mental distress, unnecessary degradation or substantial risk of serious physical injury or death; or
  2. The defendant is a teacher or a person otherwise entrusted with the care or supervision of a child for a special purpose, and:
    1. The defendant believes the force used is necessary to further the special purpose, including the maintenance of reasonable discipline in a school, class or other group, and that the use of force is consistent with the welfare of the child; and
    2. The degree of force, if it had been used by the parent, guardian, foster parent or legal custodian of the child, would be justifiable under paragraph (1)a. and b. of this section and not enumerated under paragraph (1)c. of this section; or
  3. The defendant is the guardian or other person similarly responsible for the general care and supervision of a person who is incompetent, and:
    1. The force is used for the purpose of safeguarding or promoting the welfare of the person who is incompetent, including the prevention of misconduct, or, when such person who is incompetent is in a hospital or other institution for care and custody, for the maintenance of reasonable discipline in such institution; and
    2. The force used is reasonable and moderate; the size, age, condition of the person who is incompetent, location of the force and the strength and duration of the force shall be factors considered in determining whether the force used is reasonable and moderate; and
    3. The force is not enumerated under paragraph (1)c. of this section; and
    4. The force is not proscribed as abuse or mistreatment under Chapter 11 of Title 16; or
  4. The defendant is a doctor or other therapist or a person assisting at the doctor's or other therapist's direction, and:
    1. The force is used for the purpose of administering a recognized form of treatment which the defendant believes to be adapted to promoting the physical or mental health of the patient; and
    2. The treatment is administered with the consent of the patient or, if the patient is a minor or a person who is incompetent, with the consent of a parent, guardian or other person legally competent to consent in the patient's behalf, or the treatment is administered in an emergency when the defendant believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent; or
  5. The defendant is a warden or other authorized official of a correctional institution, or a superintendent, administrator or other authorized official of the Division of Youth Rehabilitative Service, and:
    1. The defendant believes that the force used is necessary for the purpose of enforcing the lawful rules or procedures of the institution; and
    2. The nature or degree of force used is not forbidden by any statute governing the administration of the institution; and
    3. If deadly force is used, its use is otherwise justifiable under this Criminal Code; or
  6. The defendant is a person responsible for the safety of a vessel or an aircraft or a person acting at the responsible person's direction, and:
    1. The defendant believes that the force used is necessary to prevent interference with the operation of the vessel or aircraft or obstruction of the execution of a lawful order; and
    2. If deadly force is used, its use is otherwise justifiable under this Criminal Code; or
  7. The defendant is a person who is authorized or required by law to maintain order or decorum in a vehicle, train or other carrier or in a place where others are assembled, and:
    1. The defendant believes that the force used is necessary for such purpose; and
    2. The force used is not designed to cause or known to create a substantial risk of causing death, physical injury or extreme mental distress.

11 Del. C. 1953, §468; 58 Del. Laws, c. 497, §1; 68 Del. Laws, c. 442, §§1, 2, 4; 70 Del. Laws, c. 186, §1; 78 Del. Laws, c. 224, §§12, 13.;

§11-4-469 - Justification - Person unlawfully in dwelling

In the prosecution of an occupant of a dwelling charged with killing or injuring an intruder who was unlawfully in said dwelling, it shall be a defense that the occupant was in the occupant's own dwelling at the time of the offense, and:

  1. The encounter between the occupant and intruder was sudden and unexpected, compelling the occupant to act instantly; or
  2. The occupant reasonably believed that the intruder would inflict personal injury upon the occupant or others in the dwelling; or
  3. The occupant demanded that the intruder disarm or surrender, and the intruder refused to do so.

63 Del. Laws, c. 276, §1; 70 Del. Laws, c. 186, §1.;

§11-4-470 - Provisions generally applicable to justification
  1. When the defendant believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such relief would establish a justification under §§462-468 of this title but the defendant is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of the use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.
  2. When the defendant is justified under §§462-468 of this title in using force upon or toward the person of another but the defendant recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for an offense involving recklessness or negligence towards innocent persons.

11 Del. C. 1953, §469; 58 Del. Laws, c. 497, §1; 63 Del. Laws, c. 276, §1; 70 Del. Laws, c. 186, §1.;

§11-4-471 - Definitions relating to justification
  1. "Deadly force" means force which the defendant uses with the purpose of causing or which the defendant knows creates a substantial risk of causing death or serious physical injury. Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the defendant's purpose is limited to creating an apprehension that deadly force will be used if necessary, does not constitute deadly force.
  2. "Dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is for the time being the defendant's home or place of lodging.
  3. "Force," in addition to its ordinary meaning, includes confinement.
  4. "Physical force" means force used upon or directed toward the body of another person.
  5. "Unlawful force" means force which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence or mental capacity; duress; youth; or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm.

11 Del. C. 1953, §470; 58 Del. Laws, c. 497, §1; 63 Del. Laws, c. 276, §1; 70 Del. Laws, c. 186, §1.;

CHAPTER 5 - Specific Offenses

Subchapter II - Offenses Against the Person

§11-5-603 - Reckless endangering in the second degree; class A misdemeanor
  1. A person is guilty of reckless endangering in the second degree when:
    1. The person recklessly engages in conduct which creates a substantial risk of physical injury to another person; or
    2. Being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, the person knowingly, intentionally or with criminal negligence acts in a manner which contributes to or fails to act to prevent the unlawful possession and/or purchase of a firearm by a juvenile. It shall be an absolute defense to this paragraph if the person charged had a lock on the trigger and did not tell or show the juvenile where the key to the trigger lock was kept. It shall also be an absolute defense to this paragraph if the person had locked the firearm in a key or combination locked container and did not tell or show the juvenile where the key was kept or what the combination was.
  2. Reckless endangering in the second degree is a class A misdemeanor.

11 Del. C. 1953, §603; 58 Del. Laws, c. 497, §1; 67 Del. Laws, c. 130, §8; 70 Del. Laws, c. 186, §1; 71 Del. Laws, c. 359, §1.;

Subchapter III - Offenses Involving Property

§11-5-856 - Theft, receiving stolen property no defense; receiving stolen property, theft no defense; conviction of both offenses
  1. In any prosecution for theft or theft of a firearm, it is no defense that the accused is in fact guilty of receiving stolen property or receiving a stolen firearm. A person may be convicted of the crime which the person has in fact committed.
  2. In any prosecution for receiving stolen property or receiving a stolen firearm, it is no defense that the accused is in fact guilty of theft or theft of a firearm. A person may be convicted of the crime which the person has in fact committed.
  3. A person may not be convicted of both theft and receiving stolen property, or both theft of a firearm and receiving a stolen firearm, with regard to property appropriated in the same transaction or series of transactions. A person may be charged with the crime the person seems most likely to have committed and may be convicted as provided in subsections (a) and (b) of this section.

11 Del. C. 1953, §856; 58 Del. Laws, c. 497, §1; 70 Del. Laws, c. 186, §1; 71 Del. Laws, c. 260, §§1-3.;

Subchapter VII - Offenses Against Public Health, Order and Decency

Subpart A - Riot, Disorderly Conduct and Related Offenses

§11-5-1441 - License to carry concealed deadly weapons
  1. A person of full age and good moral character desiring to be licensed to carry a concealed deadly weapon for personal protection or the protection of the person's property may be licensed to do so when the following conditions have been strictly complied with:
    1. The person shall make application therefor in writing and file the same with the Prothonotary of the proper county, at least 15 days before the then next term of the Superior Court, clearly stating that the person is of full age and that the person is desirous of being licensed to carry a concealed deadly weapon for personal protection or protection of the person's property, or both, and also stating the person's residence and occupation. The person shall submit together with such application all information necessary to conduct a criminal history background check. The Superior Court may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of licensing any person pursuant to this section.
    2. At the same time the person shall file, with the Prothonotary, a certificate of 5 respectable citizens of the county in which the applicant resides at the time of filing the application. The certificate shall clearly state that the applicant is a person of full age, sobriety and good moral character, that the applicant bears a good reputation for peace and good order in the community in which the applicant resides, and that the carrying of a concealed deadly weapon by the applicant is necessary for the protection of the applicant or the applicant's property, or both. The certificate shall be signed with the proper signatures and in the proper handwriting of each such respectable citizen.
    3. Every such applicant shall file in the office of the Prothonotary of the proper county the application verified by oath or affirmation in writing taken before an officer authorized by the laws of this State to administer the same, and shall under such verification state that the applicant's certificate and recommendation were read to or by the signers thereof and that the signatures thereto are in the proper and genuine handwriting of each. Prior to the issuance of an initial license the person shall also file with the Prothonotary a notarized certificate signed by an instructor or authorized representative of a sponsoring agency, school, organization or institution certifying that the applicant: (i) has completed a firearms training course which contains at least the below described minimum elements; and (ii) is sponsored by a federal, state, county or municipal law enforcement agency, a college, a nationally recognized organization that customarily offers firearms training, or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The firearms training, course shall include the following elements:
      1. Instruction regarding knowledge and safe handling of firearms;
      2. Instruction regarding safe storage of firearms and child safety;
      3. Instruction regarding knowledge and safe handling of ammunition;
      4. Instruction regarding safe storage of ammunition and child safety;
      5. Instruction regarding safe firearms shooting fundamentals;
      6. Live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition;
      7. Identification of ways to develop and maintain firearm shooting skills;
      8. Instruction regarding federal and state laws pertaining to the lawful purchase, ownership, transportation, use and possession of firearms;
      9. Instruction regarding the laws of this State pertaining to the use of deadly force for self defense; and
      10. Instruction regarding techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.
    4. At the time the application is filed, the applicant shall pay a fee of $65 to the Prothonotary issuing the same.
    5. The license issued upon initial application shall be valid for 3 years. On or before the date of expiration of such initial license, the licensee, without further application, may renew the same for the further period of 5 years upon payment to the Prothonotary of a fee of $65, and upon filing with said Prothonotary an affidavit setting forth that the carrying of a concealed deadly weapon by the licensee is necessary for personal protection or protection of the person's property, or both, and that the person possesses all the requirements for the issuance of a license and may make like renewal every 5 years thereafter; provided, however, that the Superior Court, upon good cause presented to it, may inquire into the renewal request and deny the same for good cause shown. No requirements in addition to those specified in this paragraph may be imposed for the renewal of a license.
  2. The Prothonotary of the county in which any applicant for a license files the same shall cause notice of every such application to be published once, at least 10 days before the next term of the Superior Court. The publication shall be made in a newspaper of general circulation published in the county. In making such publication it shall be sufficient for the Prothonotary to do the same as a list in alphabetical form stating therein simply the name and residence of each applicant respectively.
  3. The Prothonotary of the county in which the application for license is made shall lay before the Superior Court, at its then next term, all applications for licenses, together with the certificate and recommendation accompanying the same, filed in the Prothonotary's office, on the 1st day of such application.
  4. The Court may or may not, in its discretion, approve any application, and in order to satisfy the Judges thereof fully in regard to the propriety of approving the same, may receive remonstrances and hear evidence and arguments for and against the same, and establish general rules for that purpose.
  5. If any application is approved, as provided in this section, the Court shall endorse the word "approved" thereon and sign the same with the date of approval. If not approved, the Court shall endorse the words "not approved" and sign the same. The Prothonotary, immediately after any such application has been so approved, shall notify the applicant of such approval, and following receipt of the notarized certification of satisfactory completion of the firearms training course requirement as set forth in paragraph (a)(3) of this section above shall issue a proper license, signed as other state licenses are, to the applicant for the purposes provided in this section and for a term to expire on June 1 next succeeding the date of such approval.
  6. The Secretary of State shall prepare blank forms of license to carry out the purposes of this section, and shall issue the same as required to the several Prothonotaries of the counties in this State. The Prothonotaries of all the counties shall affix to the license, before lamination, a photographic representation of the licensee.
  7. The provisions of this section do not apply to the carrying of the usual weapon by the police or other peace officers.
  8. Notwithstanding any provision to the contrary, anyone retired as a police officer, as "police officer" is defined by §1911 of this title, who is retired after having served at least 20 years in any law-enforcement agency within this State, or who is retired and remains currently eligible for a duty-connected disability pension, may be licensed to carry a concealed deadly weapon for the protection of that retired police officer's person or property after that retired police officer's retirement, if the following conditions are strictly complied with:
    1. If that retired police officer applies for the license within 90 days of the date of that retired police officer's retirement, the retired police officer shall pay a fee of $65 to the Prothonotary in the county where that retired police officer resides and present to the Prothonotary both:
      1. A certification from the Attorney General's office, in a form prescribed by the Attorney General's office, verifying that the retired officer is in good standing with the law-enforcement agency from which the retired police officer is retired; and
      2. A letter from the chief of the retired officer's agency verifying that the retired officer is in good standing with the law-enforcement agency from which the retired police officer is retired; or
    2. If that retired police officer applies for the license more than 90 days, but within 20 years, of the date of that retired police officer's retirement, the retired police officer shall pay a fee of $65 to the Prothonotary in the county where the retired police officer resides and present to the Prothonotary certification forms from the Attorney General's office, or in a form prescribed by the Attorney General's office, that:
      1. The retired officer is in good standing with the law-enforcement agency from which that retired police officer is retired;
      2. The retired officer's criminal record has been reviewed and that the retired police officer has not been convicted of any crime greater than a violation since the date of the retired police officer's retirement; and
      3. The retired officer has not been committed to a psychiatric facility since the date of the retired police officer's retirement.
  9. Notwithstanding anything contained in this section to the contrary, an adult person who, as a successful petitioner seeking relief pursuant to Part D, subchapter III of Chapter 9 of Title 10, has caused a protection from abuse order containing a firearms prohibition authorized by §1045(a)(8) of Title 10 or a firearms prohibition pursuant to §1448(a)(6) of this title to be entered against a person for alleged acts of domestic violence as defined in §1041 of Title 10, shall be deemed to have shown the necessity for a license to carry a deadly weapon concealed for protection of themselves pursuant to this section. In such cases, all other requirements of subsection (a) of this section must still be satisfied.
  10. Notwithstanding any other provision of this Code to the contrary, the State of Delaware shall give full faith and credit and shall otherwise honor and give full force and effect to all licenses/permits issued to the citizens of other states where those issuing states also give full faith and credit and otherwise honor the licenses issued by the State of Delaware pursuant to this section and where those licenses/permits are issued by authority pursuant to state law and which afford a reasonably similar degree of protection as is provided by licensure in Delaware. For the purpose of this subsection "reasonably similar" does not preclude alternative or differing provisions nor a different source and process by which eligibility is determined. Notwithstanding the forgoing, if there is evidence of a pattern of issuing licenses/permits to convicted felons in another state, the Attorney General shall not include that state under the exception contained in this subsection even if the law of that state is determined to be "reasonably similar." The Attorney General shall communicate the provisions of this section to the Attorneys General of the several states and shall determine those states whose licensing/permit systems qualify for recognition under this section. The Attorney General shall publish on January 15th of each year a list of all States which have qualified for reciprocity under this subsection. Such list shall be valid for one year and any removal of a State from the list shall not occur without 1 year's notice of such impending removal. Such list shall be made readily available to all State and local law-enforcement agencies within the State as well as to all then-current holders of licenses issued by the State of Delaware pursuant to this Section.
  11. The Attorney General shall have the discretion to issue, on a limited basis, a temporary license to carry concealed a deadly weapon to any individual who is not a resident of this State and whom the Attorney General determines has a short-term need to carry such a weapon within this State in conjunction with that individual's employment for the protection of person or property. Said temporary license shall automatically expire 30 days from the date of issuance and shall not be subject to renewal, and must be carried at all times while within the State. However, nothing contained herein shall prohibit the issuance of a 2nd or subsequent temporary license. The Attorney General shall have the authority to promulgate and enforce such regulations as may be necessary for the administration of such temporary licenses. No individual shall be issued more than 3 temporary licenses.
  12. All applications for a temporary license to carry a concealed deadly weapon made pursuant to subsection (k) of this section shall be in writing and shall bear a notice stating that false statements therein are punishable by law.
  13. Notwithstanding any other law or regulation to the contrary, any license issued pursuant to this section shall be void, and is automatically repealed by operation of law, if the licensee is or becomes prohibited from owning, possessing or controlling a deadly weapon as specified in §1448 of this title.

History: 11 Del. C. 1953, §1441; 58 Del. Laws, c. 497, §1; 60 Del. Laws, c. 419, §§1-3; 67 Del. Laws, c. 41, §1; 67 Del. Laws, c. 260, §1; 68 Del. Laws, c. 9, §§1, 2; 68 Del. Laws, c. 410, §§1-3; 69 Del. Laws, c. 299, §1; 70 Del. Laws, c. 186, §1; 70 Del. Laws, c. 343, §1; 71 Del. Laws, c. 246, §1; 71 Del. Laws, c. 252, §1; 72 Del. Laws, c. 61, §6; 73 Del. Laws, c. 7, §1; 73 Del. Laws, c. 252, §7; 74 Del. Laws, c. 140, §§1-3; 77 Del. Laws, c. 230, §§1-4.;

§11-5-1442 - Carrying a concealed deadly weapon; class G felony; class D felony

A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by §1441 of this title.

Carrying a concealed deadly weapon is a class G felony, unless the deadly weapon is a firearm, in which case it is a class D felony.

It shall be a defense that the defendant has been issued an otherwise valid license to carry a concealed deadly weapon pursuant to terms of §1441 of this title, where:

  1. The license has expired,
  2. The person had applied for renewal of said license within the allotted time frame prior to expiration of the license, and
  3. The offense is alleged to have occurred while the application for renewal of said license was pending before the court.

History: 11 Del. C. 1953, §1442; 58 Del. Laws, c. 497, §1; 59 Del. Laws, c. 547, §13; 67 Del. Laws, c. 130, §8; 70 Del. Laws, c. 186, §1; 77 Del. Laws, c. 313, §§1, 6.;

§11-5-1443 - Carrying a concealed dangerous instrument; class A misdemeanor
  1. A person is guilty of carrying a concealed dangerous instrument when the person carries concealed a dangerous instrument upon or about the person.
  2. It shall be a defense that the defendant was carrying the concealed dangerous instrument for a specific lawful purpose and that the defendant had no intention of causing any physical injury or threatening the same.
  3. For the purposes of this section, disabling chemical spray, as defined in §222 of this title, shall not be considered to be a dangerous instrument.
  4. Carrying a concealed dangerous instrument is a class A misdemeanor.

History: 11 Del. C. 1953, §1443; 58 Del. Laws, c. 497, §1; 59 Del. Laws, c. 547, §14; 67 Del. Laws, c. 130, §8; 70 Del. Laws, c. 186, §1; 71 Del. Laws, c. 374, §6.;

§11-5-1444 - Possessing a destructive weapon; class E felony
  1. A person is guilty of possessing a destructive weapon when the person sells, transfers, buys, receives or has possession of a bomb, bombshell, firearm silencer, sawed-off shotgun, machine gun or any other firearm or weapon which is adaptable for use as a machine gun.
  2. Possessing a destructive weapon is a class E felony. This section does not apply to members of the military forces or to members of a police force in this State duly authorized to carry a weapon of the type described; nor shall the provisions contained herein apply to authorized and certified (by an accredited state enforcement agency) state and federal wildlife biologists possessing firearm silencers for the purposes of wildlife disease or wildlife population control, or persons possessing machine guns for scientific or experimental research and development purposes, which machine guns have been duly registered under the National Firearms Act of 1968 (26 U.S.C. §5801 et seq.).
  3. The term "shotgun" as used in this section means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger. The term "sawed-off shotgun" as used in this section means a shotgun having 1 or more barrels less than 18 inches in length or any weapon made from a shotgun (whether by alteration, modification or otherwise) if such weapon as modified has an overall length of less than 26 inches.

History: 11 Del. C. 1953, §1444; 58 Del. Laws, c. 497, §1; 59 Del. Laws, c. 547, §12; 67 Del. Laws, c. 130, §8; 70 Del. Laws, c. 186, §1; 76 Del. Laws, c. 411, §1.;

§11-5-1445 - Unlawfully dealing with a dangerous weapon; unclassified misdemeanor

A person is guilty of unlawfully dealing with a dangerous weapon when:

  1. The person possesses, sells or in any manner has control of:
    1. A weapon which by compressed air or by spring discharges or projects a pellet, slug or bullet, except a B.B. or air gun which does not discharge or project a pellet or slug larger than a B.B. shot; or
    2. A pellet, slug or bullet, intending that it be used in any weapon prohibited by paragraph (1)a. of this section; or
  2. The person sells, gives or otherwise transfers to a child under 16 years of age a B.B. or air gun or spear gun or B.B. shot, unless the person is that child's parent or guardian, or unless the person first receives the permission of said parent or guardian; or
  3. Being a parent, the person permits the person's child under 16 years of age to have possession of a firearm or a B.B. or air gun or spear gun unless under the direct supervision of an adult; or
  4. The person sells, gives or otherwise transfers to a child under 18 years of age a firearm or ammunition for a firearm, unless the person is that child's parent or guardian, or unless the person first receives the permission of said parent or guardian; or
  5. The person sells, gives or otherwise transfers a firearm to any person knowing that said person intends to commit any felony, class A misdemeanor or drug related criminal offense while in possession of said firearm.

Unlawfully dealing with a firearm or dangerous weapon is an unclassified misdemeanor, unless the person is convicted under paragraph (4) of this section, in which case it is a class G felony, or unless the person is convicted under paragraph (5) of this section, in which case it is a class E felony.

History: 11 Del. C. 1953, §1445; 58 Del. Laws, c. 497, §1; 64 Del. Laws, c. 44, §1; 67 Del. Laws, c. 130, §8; 69 Del. Laws, c. 312, §§1-3; 70 Del. Laws, c. 186, §1.;

§11-5-1446 - Unlawfully dealing with a switchblade knife; unclassified misdemeanor

A person is guilty of unlawfully dealing with a switchblade knife when the person sells, offers for sale or has in possession a knife, the blade of which is released by a spring mechanism or by gravity.

Unlawfully dealing with a switchblade knife is an unclassified misdemeanor.

History: 11 Del. C. 1953, §1446; 58 Del. Laws, c. 497, §1; 67 Del. Laws, c. 130, §8; 70 Del. Laws, c. 186, §1.;

§11-5-1446A - Undetectable knives; commercial manufacture, import for commercial sale, or offers for commercial sale; or possession
  1. Any person in this state who commercially manufactures or causes to be commercially manufactured, or who knowingly imports into the state for commercial sale, keeps for commercial sale, or offers or exposes for commercial sale, or who possesses any undetectable knife is guilty of a class G felony. As used in this section, an "undetectable knife" means any knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict serious physical injury or death that is commercially manufactured to be used as a weapon and is not detectable by a metal detector or magnetometer because there is no material permanently affixed that would be detectable by a metal detector or magnetometer, either handheld or otherwise, that is set at standard calibration.
  2. Notwithstanding any other provision of law, all knives or other instruments with or without a handguard that are capable of ready use as a stabbing weapon that may inflict serious physical injury or death that are commercially manufactured in this state that utilize materials that are not detectable by a metal detector or magnetometer, shall be manufactured to include permanently installed materials that will ensure they are detectable by a metal detector or magnetometer, either handheld or otherwise, that is set at standard calibration.
  3. This section shall not apply to the manufacture or importation of undetectable knives for sale to a law enforcement or military entity nor shall this section apply to the subsequent sale of these knives to law enforcement or military entity.
  4. This section shall not apply to the manufacture or importation of undetectable knives for sale to federal, state, and local historical societies, museums, and institutional collections which are open to the public, provided that the undetectable knives are properly housed and secured from unauthorized handling, nor shall this section apply to the subsequent sale of the knives to these societies, museums, and collections.

History: 75 Del. Laws, c. 348, §1.;

§11-5-1447 - Possession of a deadly weapon during commission of a felony; class B felony
  1. A person who is in possession of a deadly weapon during the commission of a felony is guilty of possession of a deadly weapon during commission of a felony.

    Possession of a deadly weapon during commission of a felony is a class B felony.

  2. Any sentence imposed for a violation of this section shall not be subject to suspension and no person convicted for a violation of this section shall be eligible for good time, parole or probation during the period of the sentence imposed.
  3. Any sentence imposed upon conviction for possession of a deadly weapon during the commission of a felony shall not run concurrently with any other sentence. In any instance where a person is convicted of a felony, together with a conviction for the possession of a deadly weapon during the commission of such felony, such person shall serve the sentence for the felony itself before beginning the sentence imposed for possession of a deadly weapon during such felony.
  4. Every person charged under this section over the age of 16 years shall be tried as an adult, notwithstanding any contrary provision of statutes governing the Family Court or any other state law.
  5. A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person possessed the deadly weapon is a lesser included felony of the one originally charged.

11 Del. C. 1953, §1447; 58 Del. Laws, c. 497, §1; 59 Del. Laws, c. 203, §34; 59 Del. Laws, c. 547, §15; 60 Del. Laws, c. 306, §§1, 2; 63 Del. Laws, c. 412, §1; 67 Del. Laws, c. 130, §8; 70 Del. Laws, c. 186, §1; 73 Del. Laws, c. 107, §1.;

§11-5-1447A - Possession of a firearm during commission of a felony; class B felony
  1. A person who is in possession of a firearm during the commission of a felony is guilty of possession of a firearm during the commission of a felony. Possession of a firearm during the commission of a felony is a class B felony.
  2. A person convicted under subsection (a) of this section shall receive a minimum sentence of 3 years at Level V, notwithstanding the provisions of §4205(b)(2) of this title.
  3. A person convicted under subsection (a) of this section, and who has been at least twice previously convicted of a felony in this State or elsewhere, shall receive a minimum sentence of 5 years at Level V, notwithstanding the provisions of §§4205(b)(2) and 4215 of this title.
  4. Any sentence imposed for a violation of this section shall not be subject to suspension and no person convicted for a violation of this section shall be eligible for good time, parole or probation during the period of the sentence imposed.
  5. Any sentence imposed upon conviction for possession of a firearm during the commission of a felony shall not run concurrently with any other sentence. In any instance where a person is convicted of a felony together with a conviction for the possession of a firearm during the commission of such felony, such person shall serve the sentence for the felony itself before beginning the sentence imposed for possession of a firearm during such felony.
  6. Every person charged under this section over the age of 15 years shall be tried as an adult, notwithstanding any contrary provisions or statutes governing the Family Court or any other state law.
  7. A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person possessed the firearm is a lesser included felony of the one originally charged.

69 Del. Laws, c. 229, §1; 70 Del. Laws, c. 186, §1; 70 Del. Laws, c. 596, §7; 73 Del. Laws, c. 107, §§2, 3.;

§11-5-1448 - (2014) Possession and purchase of deadly weapons by persons prohibited; penalties
  1. Except as otherwise provided herein, the following persons are prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm within the State:
    1. Any person having been convicted in this State or elsewhere of a felony or a crime of violence involving physical injury to another, whether or not armed with or having in possession any weapon during the commission of such felony or crime of violence;
    2. Any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium, unless such person can demonstrate that he or she is no longer prohibited from possessing a firearm pursuant to §1448A of this title;
    3. Any person who has been convicted for the unlawful use, possession or sale of a narcotic, dangerous drug or central nervous system depressant or stimulant as those terms were defined prior to the effective date of the Uniform Controlled Substances Act in June 1973 or of a narcotic drug or controlled substance as defined in Chapter 47 of Title 16;
    4. Any person who, as a juvenile, has been adjudicated as delinquent for conduct which, if committed by an adult, would constitute a felony, unless and until that person has reached their 25th birthday;
    5. Any juvenile, if said deadly weapon is a handgun, unless said juvenile possesses said handgun for the purpose of engaging in lawful hunting, instruction, sporting or recreational activity while under the direct or indirect supervision of an adult. For the purpose of this subsection, a handgun shall be defined as any pistol, revolver or other firearm designed to be readily capable of being fired when held in 1 hand;
    6. Any person who is subject to a Family Court protection from abuse order (other than an ex parte order), but only for so long as that order remains in effect or is not vacated or otherwise terminated, except that this paragraph shall not apply to a contested order issued solely upon §1041(1)d., e., or h. of Title 10, or any combination thereof;
    7. Any person who has been convicted in any court of any misdemeanor crime of domestic violence. For purposes of this paragraph, the term "misdemeanor crime of domestic violence" means any misdemeanor offense that:
      1. Was committed by a member of the victim's family, as "family" is defined in §901(12) of Title 10 (regardless, however, of the state of residence of the parties); by a former spouse of the victim; by a person who cohabitated with the victim at the time of the offense; or by a person with a child in common with the victim; and
      2. Is an offense as defined under §601, §602, §603, §611, §614, §621, §625, §628A, §763, §765, §766, §767, §781, §785 or §791 of this title, or any similar offense when committed or prosecuted in another jurisdiction; or
    8. Any person who, knowing that he or she is the defendant or co-defendant in any criminal case in which that person is alleged to have committed any felony under the laws of this State, the United States or any other state or territory of the United States, becomes a fugitive from justice by failing to appear for any scheduled court proceeding pertaining to such felony for which proper notice was provided or attempted. It is no defense to a prosecution under this paragraph that the person did not receive notice of the scheduled court proceeding.
    9. Any person, if the deadly weapon is a semi-automatic or automatic firearm, or a handgun, who, at the same time, possesses a controlled substance in violation of §4763, or §4764 of Title 16.
    10. Except for "antique firearms", any validly seized deadly weapons or ammunition from a person prohibited as a result of a felony conviction under Delaware law, federal law or the laws of any other state, or as otherwise prohibited under this subsection (a) of this section may be disposed of by the law enforcement agency holding the weapon or ammunition, pursuant to §2311 of this title.
      1. "Antique firearm" means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily restored to a firing condition.
      2. A person prohibited under this section has the burden of proving that the subject firearm is an antique firearm as defined in paragraph (a)(10)a. of this section subject to an exemption under this section and §2311 of this title.
  2. Any prohibited person as set forth in subsection (a) of this section who knowingly possesses, purchases, owns or controls a deadly weapon or ammunition for a firearm while so prohibited shall be guilty of possession of a deadly weapon or ammunition for a firearm by a person prohibited.
  3. Possession of a deadly weapon by a person prohibited is a class F felony, unless said deadly weapon is a firearm or ammunition for a firearm, and the violation is 1 of paragraphs (a)(1)-(8) of this section, in which case it is a class D felony, or unless the person is eligible for sentencing pursuant to subsection (e) of this section, in which case it is a class C felony. As used herein, the word "ammunition" shall mean 1 or more rounds of fixed ammunition designed for use in and capable of being fired from a pistol, revolver, shotgun or rifle but shall not mean inert rounds or expended shells, hulls or casings.
  4. Any person who is a prohibited person solely as the result of a conviction for an offense which is not a felony shall not be prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm if 5 years have elapsed from the date of conviction.
    1. Notwithstanding any provision of this section or Code to the contrary, any person who is a prohibited person as described in this section and who knowingly possesses, purchases, owns or controls a firearm or destructive weapon while so prohibited shall receive a minimum sentence of:
      1. Three years at Level V, if the person has previously been convicted of a violent felony;
      2. Five years at Level V, if the person does so within 10 years of the date of conviction for any violent felony or the date of termination of all periods of incarceration or confinement imposed pursuant to said conviction, whichever is the later date; or
      3. Ten years at Level V, if the person has been convicted on 2 or more separate occasions of any violent felony.
    2. Any person who is a prohibited person as described in this section because of a conviction for a violent felony and who, while in possession or control of a firearm in violation of this section, negligently causes serious physical injury to or the death of another person through the use of such firearm, shall be guilty of a class B felony and shall receive a minimum sentence of:
      1. Four years at Level V; or
      2. Six years at Level V, if the person causes such injury or death within 10 years of the date of conviction for any violent felony or the date of termination of all periods of incarceration or confinement imposed pursuant to said conviction, whichever is the later date; or
      3. Ten years at Level V, if the person has been convicted on 2 or more separate occasions of any violent felony.
      4. Nothing in this paragraph shall be deemed to be a related or included offense of any other provision of this Code. Nothing in this paragraph shall be deemed to preclude prosecution or sentencing under any other provision of this Code nor shall this paragraph be deemed to repeal any other provision of this Code.
    3. Any sentence imposed pursuant to this subsection shall not be subject to the provisions of §4215 of this title. For the purposes of this subsection, "violent felony" means any felony so designated by §4201(c) of this title, or any offense set forth under the laws of the United States, any other state or any territory of the United States which is the same as or equivalent to any of the offenses designated as a violent felony by §4201(c) of this title.
    4. Any sentence imposed for a violation of this subsection shall not be subject to suspension and no person convicted for a violation of this subsection shall be eligible for good time, parole or probation during the period of the sentence imposed.
    1. Upon conviction, any person who is a prohibited person as described in paragraph (a)(5) of this section and who is 14 years of age or older shall, for a first offense, receive a minimum sentence of 6 months of Level V incarceration, and shall receive a minimum sentence of 1 year of Level V incarceration for a second and subsequent offense, which shall not be subject to suspension. Any sentence imposed pursuant to this subsection shall not be subject to §§4205(b) and 4215 of this title.
    2. The penalties prescribed by this subsection and subsection (g) of this section shall be imposed regardless of whether or not the juvenile is determined to be amenable to the rehabilitative process of the Family Court pursuant to §1010(c) of Title 10 or any successor statute.
  5. In addition to the penalties set forth in subsection (f) of this section herein, a person who is a prohibited person as described in paragraph (a)(5) of this section and who is 14 years of age or older shall, upon conviction of a first offense, be required to view a film and/or slide presentation depicting the damage and destruction inflicted upon the human body by a projectile fired from a gun, and shall be required to meet with, separately or as part of a group, a victim of a violent crime, or with the family of a deceased victim of a violent crime. The Division of Youth Rehabilitative Service, with the cooperation of the Office of the Chief Medical Examiner and the Violent Crimes Compensation Board, shall be responsible for the implementation of this subsection.

History: 11 Del. C. 1953, §1448; 58 Del. Laws, c. 497, §1; 67 Del. Laws, c. 130, §8; 68 Del. Laws, c. 422, §1; 69 Del. Laws, c. 313, §§1, 2; 69 Del. Laws, c. 441, §1; 70 Del. Laws, c. 186, §1; 71 Del. Laws, c. 230, §§1-5; 71 Del. Laws, c. 358, §§1, 2; 72 Del. Laws, c. 61, §§1, 2; 74 Del. Laws, c. 106, §7; 75 Del. Laws, c. 78, §1; 76 Del. Laws, c. 99, §1; 76 Del. Laws, c. 101, §§1-5; 78 Del. Laws, c. 13, §§5, 6; 78 Del. Laws, c. 135, §§6-8; 78 Del. Laws, c. 137, §5; 78 Del. Laws, c. 168, §6; 79 Del. Laws, c. 124, §§1, 2; 79 Del. Laws, c. 188, §1..;

§11-5-1448A - (2016) Criminal history record checks for sales of firearms
  1. No licensed importer, licensed manufacturer or licensed dealer shall sell, transfer or deliver from inventory any firearm, as defined in §222 of this title, to any other person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, without conducting a criminal history background check in accordance with regulations promulgated by the United States Department of Justice pursuant to the National Instant Criminal Background Check System ("NICS"), 28 C.F.R. §§25.1-25.11, as the same may be amended from time to time, to determine whether the transfer of a firearm to any person who is not licensed under 18 U.S.C. §923 would be in violation of federal or state law.
  2. No licensed importer, licensed manufacturer or licensed dealer shall sell, transfer or deliver from inventory any firearm, as defined in ยง222 of this title, to any other person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless and until being informed that it may "proceed" with the sale, transfer or delivery from inventory of a firearm by the Federal Bureau of Investigation, NICS Section pursuant to the request for a criminal history record check required by subsection (a) or 25 days have elapsed from the date of the request for a background check and a denial has not occurred.
  3. Any person who is denied the right to receive or purchase a firearm in connection with subsection (a) of this section or §1448B(a) of this title may request from the Federal Bureau of Investigation ("FBI") a written explanation for such denial; an appeal of the denial based on the accuracy of the record upon which the denial is based; and/or that erroneous information on the NICS system be corrected and that the person's rights to possess a firearm be restored. All requests pursuant to this subsection (b) shall be made in accordance with applicable federal laws and regulations, including without limitation 28 C.F.R. 25.10. In connection herewith, at the request of a denied person, the Federal Firearms Licensed (FFL) dealer and SBI shall provide to the denied person such information as may be required by federal law or regulation in order for such person to appeal or seek additional information hereunder.
  4. Compliance with the provisions of this section shall be a complete defense to any claim or cause of action under the laws of this State for liability for damages arising from the importation or manufacture of any firearm which has been shipped or transported in interstate or foreign commerce. In addition, compliance with the provisions of this section or §1448B of this title, as the case may be, shall be a complete defense to any claim or cause of action under the laws of this State for liability for damages allegedly arising from the actions of the transferee subsequent to the date of said compliance wherein the claim for damages is factually connected to said compliant transfer.
  5. The provisions of this section shall not apply to:
    1. Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;
    2. Any replica of any firearm described in paragraph (1) of this section if such replica:
      1. Is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or
      2. Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
    3. Any shotgun, which is defined as a firearm designed or intended to be fired from the shoulder and designed or made to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;
    4. The return, by a licensed pawnbroker, of a firearm to the person from whom it was received;
    5. Transactions in which the potential buyer or transferee holds a valid concealed deadly weapons license pursuant to §1441, ยง1441A and ยง1441B of this title; and
    6. Transactions involving a "law-enforcement officer" as defined by §222 of this title.
  6. Any licensed dealer, licensed manufacturer, licensed importer or employee thereof who wilfully and intentionally requests a criminal history record check from the Federal Bureau of Investigation, NICS for any purpose other than compliance with subsection (a) of this section or §1448B(a) of this title, or wilfully and intentionally disseminates any criminal history record information to any person other than the subject of such information or discloses to any person the unique identification number shall be guilty of a class A misdemeanor. The Superior Court shall have exclusive jurisdiction for all offenses under this subsection.
  7. Any person who, in connection with the purchase, transfer, or attempted purchase or transfer of a firearm pursuant to subsection (a) of this section or §1448B(a) of this title, wilfully and intentionally makes any materially false oral or written statement or wilfully and intentionally furnishes or exhibits any false identification intended or likely to deceive the licensee shall be guilty of a class G felony.
  8. Any licensed dealer, licensed manufacturer, licensed importer or employee thereof who wilfully and intentionally sells or delivers a firearm in violation of this section shall be guilty of a class A misdemeanor. Second or subsequent offenses by an individual shall be a class G felony.
  9. The SBI shall provide to the judiciary committees of the Senate and House of Representatives an annual report including the number of inquiries made pursuant to this section and §1448B of this title for the prior calendar year. Such report shall include, but not be limited to, the number of inquiries received from licensees, the number of inquiries resulting in a determination that the potential buyer or transferee was prohibited from receipt or possession of a firearm pursuant to §§1448 and 1448B of this title or federal law.
  10. Notwithstanding Chapter 89 of this title, Chapter 10 of Title 24, and other Delaware laws, the SBI is authorized and directed to release records and data required by this section and by §1448B of this title. The SBI shall not release or disclose criminal records or data except as specified in this section and in §1448B of this title.
  11. No records, data, information or reports containing the name, address, date of birth or other identifying data of either the transferor or transferee or which contain the make, model, caliber, serial number or other identifying data of any firearm which are required, authorized or maintained pursuant to this section, §1448B of this title or by Chapter 9 of Title 24, shall be subject to disclosure or release pursuant to the Freedom of Information Act, Chapter 100 of Title 29.
  12. Relief from Disabilities Program. -- A person who is subject to the disabilities of 18 U.S.C. §922(d)(4) and (g)(4) or of §1448(a)(2) of this title because of an adjudication or commitment under the laws of this State may petition for relief from a firearms prohibition from the Relief from Disabilities Board. The Relief from Disabilities Board shall be comprised of 3 members, with the chairperson appointed by and serving at the pleasure of the Secretary of Safety and Homeland Security, and 2 members appointed by and serving at the pleasure of the Secretary of the Department of Health and Social Services, 1 of whom shall be a licensed psychiatrist.
    1. The Board shall consider the petition for relief in accordance with the following:
      1. The Board shall give the petitioner the opportunity to present evidence to the Board in a closed and confidential hearing on the record; and
      2. A record of the hearing shall be maintained by the Board for purposes of appellate review.
    2. In determining whether to grant relief, the Board shall consider evidence regarding the following:
      1. The circumstances regarding the firearms disabilities pursuant to §1448(a)(2) of this title and 18 U.S.C. §922(d)(4) and (g)(4);
      2. The petitioner's record, which must include, at a minimum, the petitioner's mental health record, including a certificate of a medical doctor or psychiatrist licensed in this State that the person is no longer suffering from a mental disorder which interferes or handicaps the person from handling deadly weapons;
      3. Criminal history records; and
      4. The petitioner's reputation as evidenced through character witness statements, testimony, or other character evidence.
    3. The Board shall have the authority to require that the petitioner undergo a clinical evaluation and risk assessment, which it may also consider as evidence in determining whether to approve or deny the petition for relief.
    4. After a hearing on the record, the Board shall grant relief if it finds, by a preponderance of the evidence, that:
      1. The petitioner will not be likely to act in a manner dangerous to public safety; and
      2. Granting the relief will not be contrary to the public interest.
    5. The Board shall issue its decision in writing explaining the reasons for a denial or grant of relief.
    6. Any person whose petition for relief has been denied by the Relief from Disabilities Board shall have a right to a de novo judicial review in the Superior Court. The Superior Court shall consider the record of the Board hearing on the petition for relief, the decision of the Board, and, at the Court's discretion, any additional evidence it deems necessary to conduct its review.
    7. Upon notice that a petition for relief has been granted, the Department of Safety and Homeland Security shall, as soon as practicable:
      1. Cause the petitioner's record to be updated, corrected, modified, or removed from any database maintained and made available to NICS to reflect that the petitioner is no longer subject to a firearms prohibition as it relates to §1448(a)(2) this title and 18 U.S.C. §922(d)(4) and (g)(4); and
      2. Notify the Attorney General of the United States that the petitioner is no longer subject to a firearms prohibition pursuant to §1448(a)(2) of this title and 18 U.S.C. §922(d)(4) and (g)(4).
  13. The Department of Safety and Homeland Security shall adopt regulations relating to compliance with NICS, including without limitation issues relating to the transmission of data, the transfer of existing data in the existing state criminal background check database and the relief from disabilities process set forth in subsection (j) of this section. In preparing such regulations, the Department shall consult with the Department of Health and Social Services, the courts, the Department of Children, Youth and Their Families, the Department of State and such other entities as may be necessary or advisable. Such regulations shall include provisions to ensure the identity, confidentiality and security of all records and data provided pursuant to this section.

History: 67 Del. Laws, c. 414, §1; 69 Del. Laws, c. 224, § 3; 69 Del. Laws, c. 293, §§ 1-5; 70 Del. Laws, c. 20, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 104, § 1; 78 Del. Laws, c. 137, §§ 6-13; 79 Del. Laws, c. 20, §§ 2-7; 2016 HB325 § 1

§11-5-1448B - (2016) Criminal history record checks for sales of firearms -- Unlicensed persons
  1. No unlicensed person shall sell or transfer any firearm, as defined in §222 of this title, to any other unlicensed person without having conducted a criminal history background check through a licensed firearms dealer in accordance with §1448A of this title and §904A of Title 24, as the same may be amended from time to time, to determine whether the sale or transfer would be in violation of federal or state law, and until the licensed firearms dealer hasbeen informed that the sale or transfer of the firearm may "proceed"by the Federal Bureau of Investigation,NICS Section or 25 days have elapsed from the date of the request for a background check and a denial has not occurred.
  2. For purposes of this section:
    1. "Licensed dealer" means any person licensed as a deadly weapons dealer pursuant to Chapter 9 of Title 24 and 18 U.S.C. §921 et seq.
    2. "Transfer" means assigning, pledging, leasing, loaning, giving away, or otherwise disposing of, but does not include:
      1. The loan of a firearm for any lawful purpose, for a period of 14 days or less, by the owner of said firearm to a person known personally to him or her;
      2. A temporary transfer for any lawful purpose that occurs while in the continuous presence of the owner of the firearm, provided that such temporary transfer shall not exceed 24 hours in duration;
      3. The transfer of a firearm for repair, service or modification to a licensed gunsmith or other person lawfully engaged in such activities as a regular course of trade or business; or
      4. A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will.
    3. "Unlicensed person" means any person who is not a licensed importer, licensed manufacturer or licensed dealer.
  3. The provisions of this section shall not apply to:
    1. Transactions in which the potential purchaser or transferee is a parent, mother-in-law, father-in-law, stepparent, legal guardian, grandparent, child, daughter-in-law, son-in-law, stepchild, grandchild, sibling, sister-in-law, brother-in-law, spouse, or civil union partner of the seller or transferor;
    2. Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;
    3. Any replica of any firearm described in paragraph (c)(2) of this section if such replica:
      1. Is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or
      2. Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
    4. Any muzzle-loading firearm designed for hunting or competitive shooting not requiring a criminal background check pursuant to federal law;
    5. Transactions in which the potential purchaser or transferee is a qualified active duty law-enforcement officer or a qualified retired law-enforcement officer, as such terms are defined in §1441A of this title;
    6. Transactions in which the potential purchaser or transferee holds a current and valid concealed carry permit issued by the Superior Court of the State of Delaware pursuant to §1441 of this title.
    7. Transactions in which the prospective buyer or transferee is a bona fide member or adherent of an organized church or religious group, the tenets of which prohibit photographic identification; provided, however, that no unlicensed person shall sell or transfer any firearm to any such person without having conducted a criminal history background check in accordance with subsection (f) of this section hereunder to determine whether the sale or transfer would be in violation of federal or state law;
    8. Transactions involving the sale or transfer of a curio or relic to a licensed collector, as such terms are defined in 27 C.F.R. 478.11, as the same may be amended from time to time;
    9. Transactions involving the sale or transfer of a firearm to an authorized representative of the State or any subdivision thereof as part of an authorized voluntary gun buyback program.
  4. Notwithstanding anything to the contrary herein, no fee for a criminal history background check may be charged for the return of a firearm to its owner that has been repaired, serviced or modified by a licensed gunsmith or other person lawfully engaged in such activities as a regular course of trade or business.
  5. Any person who knowingly sells or transfers a firearm in violation of this section shall be guilty of a class A misdemeanor. Any subsequent offense shall be a class G felony. The Superior Court shall have exclusive jurisdiction for all offenses under this section.
  6. The State Bureau of Investigation (the "Bureau") shall facilitate the sale or transfer of any firearm in which the prospective buyer is a bona fide member or adherent of an organized church or religious group, the tenets of which prohibit photographic identification, pursuant to the following procedure. For purposes of this subsection, the terms "prospective buyer" and "prospective seller" shall include prospective transferors and prospective transferees, respectively.
    1. The prospective buyer and seller shall jointly appear at the State Bureau of Investigation during regular hours of business, and shall inform the Bureau of their desire to avail themselves of the procedure set forth herein. The actual cost of the criminal history background check shall be paid by either the prospective buyer or prospective seller.
    2. The prospective buyer shall be required to submit fingerprints and other necessary information in order to obtain a report of the individual's entire criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. §534). In addition, the prospective buyer shall submit to the Bureau a signed affidavit stating that photographic identification conflicts with the tenets of an organized church or religious group of which the prospective buyer is a bona fide member.
    3. In the event that said background check reveals that the prospective buyer is prohibited from possessing, purchasing or owning a firearm, the Bureau shall so inform both parties of that fact and the transfer shall not take place.
    4. The Bureau shall maintain a record of all background checks under this section to the same extent as is required of licensed dealers pursuant to Chapter 9 of Title 24.
    5. The Bureau is hereby authorized to promulgate such reasonable forms and regulations as may be necessary or desirable to effectuate the provisions of this subsection.

History: 79 Del. Laws, c. 20, § 1; 70 Del. Laws, c. 186, § 1; ; 2016 HB325 § 2

§11-5-1456 - Unlawfully permitting a minor access to a firearm; class A misdemeanor
  1. A person is guilty of unlawfully permitting a minor access to a firearm when the person intentionally or recklessly stores or leaves a loaded firearm within the reach or easy access of a minor and where the minor obtains the firearm and uses it to inflict serious physical injury or death upon the minor or any other person.
  2. It shall be an affirmative defense to a prosecution under this section if:
    1. The firearm was stored in a locked box or container or in a location which a reasonable person would have believed to be secure from access to a minor; or
    2. The minor obtains the firearm as the result of an unlawful entry by any person; or
    3. The serious physical injuries or death to the minor or any other person results from a target or sport shooting accident or hunting accident.
  3. Unlawfully permitting a minor access to a firearm is a class A misdemeanor.

69 Del. Laws, c. 360, §1; 70 Del. Laws, c. 186, §1.;

§11-5-1457 - Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F: class A or B misdemeanor
  1. Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.
  2. The underlying offenses in Title 11 shall be:
    1. Section 1442. -- Carrying a concealed deadly weapon; class G felony; class D felony.
    2. Section 1444. -- Possessing a destructive weapon; class E felony.
    3. Section 1446. -- Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
    4. Section 1448. -- Possession and purchase of deadly weapons by persons prohibited; class F felony.
    5. Section 1452. -- Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
    6. Section 1453. -- Unlawfully dealing with martial arts throwing star; class B misdemeanor.
  3. For the purpose of this section, "Safe School and Recreation Zone" shall mean:
    1. Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or
    2. Any motor vehicle owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or any college or university; or
    3. Any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.
  4. Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be convicted both of the crime of possession of a weapon in a Safe School and Recreation Zone and of the underlying offense as defined elsewhere by the laws of the State.
  5. It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or in a Safe School and Recreation Zone.
  6. It shall be an affirmative defense to a prosecution for a violation of this section that the weapon was possessed pursuant to an authorized course of school instruction, or for the purpose of engaging in any school-authorized sporting or recreational activity. The affirmative defense established in this section shall be proved by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for any offense defined in any other section of this chapter.
  7. It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, and that no person under the age of 18 was present in such private residence at any time during the commission of the offense. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.
  8. This section shall not apply to any law enforcement or police officer, or to any security officer as defined in Chapter 13 of Title 24.
  9. For purposes of this section only, "deadly weapon" shall include any object described in §222(5) or (12) of this title or BB guns.
  10. The penalty for possession of a weapon in a Safe School and Recreation Zone shall be:
    1. If the underlying offense is a class B misdemeanor, the crime shall be a class A misdemeanor;
    2. If the underlying offense is an unclassified misdemeanor, the crime shall be a class B misdemeanor;
    3. If the underlying offense is a class E, F, or G felony, the crime shall be one grade higher than the underlying offense.
    4. If the underlying offense is a class D felony, the crime shall also be a class D felony.
    5. In the event that an elementary or secondary school student possesses a firearm or other deadly weapon in a Safe School and Recreation Zone in addition to any other penalties contained in this section, the student shall be expelled by the local school board or charter school board of directors for a period of not less than 180 days unless otherwise provided for in federal or state law. The local school board or charter school board of directors may, on a case by case basis, modify the terms of the expulsion.

History: 70 Del. Laws, c. 213, §1; 74 Del. Laws, c. 131, §§1-4; 76 Del. Laws, c. 326, §1; 77 Del. Laws, c. 64, §§1, 2; 77 Del. Laws, c. 313, §§4, 5.;

§11-5-1458 - Removing a firearm from the possession of a law enforcement officer; class C felony
  1. A person shall not knowingly or recklessly remove or attempt to remove a firearm, disabling chemical spray, baton or other deadly weapon from the possession of another person or deprive the other person of its use if:
    1. The person has knowledge or reason to know that the other person is employed as:
      1. A law enforcement officer including, but not limited to, all those defined as "police officer" in §1911(a) of this title, who is authorized by law to make arrests;
      2. A sheriff, deputy sheriff, constable, judicial assistant, court bailiff or other court security officer or court bailiff;
      3. An employee of the Department of Correction, the Division of Parole and Probation or the Department of Youth Rehabilitative Services;
      4. A special investigator or state detective with the Delaware Department of Justice, Office of the Attorney General; or
      5. An armored car guard licensed pursuant to §1317 or §1320 of Title 24; and
    2. The other person is lawfully acting within the course and scope of that other person's employment.
  2. A person who violates this section is guilty of a class C felony.

71 Del. Laws, c. 62, §1; 70 Del. Laws, c. 186, §1; 71 Del. Laws, c. 374, §7.;

§11-5-1459 - Possession of a weapon with a removed, obliterated or altered serial number
  1. No person shall knowingly transport, ship, possess or receive any firearm with the knowledge that the importer's or manufacturer's serial number has been removed, obliterated or altered in a manner that has disguised or concealed the identity or origin of the firearm.
  2. This section shall not apply to a firearm manufactured prior to 1973.
  3. Possessing, transporting, shipping or receiving a firearm with a removed, obliterated or altered serial number pursuant to this section is a class D felony.

History: 71 Del. Laws, c. 251, §1.;

§11-5-1460 - Possession of firearm while under the influence
  1. A person is guilty of possession of a firearm while under the influence of alcohol or drugs when the person possesses a firearm in a public place while under the influence of alcohol or drugs. It shall be an affirmative defense to prosecution under this section that, the firearm was not readily operable, or that the person was not in possession of ammunition for the firearm. The Superior Court shall have original and exclusive jurisdiction over a violation of this section.
  2. For purposes of this section, the following definitions shall apply:
    1. "Not readily operable" means that the firearm is disassembled, broken down, or stored in a manner to prevent its immediate use.
    2. "Possess," "possession" or "possesses" means that the person has the item under his or her dominion and authority, and that said item is at the relevant time physically available and accessible to the person.
    3. "Public place" means a place to which the public or a substantial group of persons has access and includes highways, transportation facilities, schools, places of amusement, parks, playgrounds, restaurants, bars, taverns, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
    4. "Under the influence of alcohol or drugs" means:
      1. Having an amount of alcohol in a sample of the person's blood equivalent to .08 or more grams of alcohol per hundred milliliters of blood, or an amount of alcohol in a sample of breath equivalent to .08 or more grams per 210 liters of breath. A person shall be guilty, without regard to the person's alcohol concentration at the time of possession of a firearm in violation thereof, if such person's alcohol concentration is .08 or more within 4 hours after the person was found to be in possession of a firearm, and that alcohol concentration is the result of an amount of alcohol present in, or consumed by such person when that person was in possession of a firearm; or
      2. Being manifestly under the influence of alcohol or any illicit or recreational drug, as defined in §4177(c)(8) of Title 21, or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may be in danger or endanger other persons or property, or annoy persons in the vicinity, provided that no person shall be "under the influence of alcohol or drugs" for purposes of this section when the person has not used or consumed an illicit or recreational drug prior to or during an alleged violation, but has only used or consumed such drug after the person has allegedly violated this section and only such use or consumption after such alleged violation caused the person's blood to contain an amount of alcohol or drug or an amount of a substance or compound that is the result of the use or consumption of the drug within 4 hours after the time of the alleged violation thereof.
  3. A law-enforcement officer who has probable cause to believe that a person has violated this section may, with or without the consent of the person, take reasonable steps to conduct chemical testing to determine the person's alcohol concentration or the presence of illicit or recreational drugs. A person's refusal to submit to chemical testing shall be admissible in any trial arising from a violation of this section.
    1. Except as provided in paragraph (d)(2) of this section, possession of a firearm while under the influence is a class A misdemeanor.
    2. Possession of a firearm while under the influence is a class G felony if the conviction is for an offense that was committed after a previous conviction for possession of a firearm while under the influence.

History: 78 Del. Laws, c. 136, §1; 70 Del. Laws, c. 186, §1.;

§11-5-1461 - (2013) Report of loss, theft of firearm
  1. Any owner of a firearm, defined in §222 of this title, shall report the loss or theft of the firearm within 7 days after the discovery of the loss or theft to either:
    1. The law-enforcement agency having jurisdiction over the location where the loss or theft of the firearm occurred; or
    2. Any State Police troop.
  2. Whoever is convicted of a violation of this section shall:
    1. For the first offense, be guilty of a violation and be subject to a civil penalty of not less than $75 nor more than $100.
    2. For a second offense committed at any time after the sentencing or adjudication of a first offense, be guilty of a violation and be subject to a civil penalty of not less than $100 nor more than $250.
    3. For a third or subsequent offense committed at any time after the sentencing or adjudication of a second offense, be guilty of a class G felony.

79 Del. Laws, c. 41, §1.;

TITLE 16 - HEALTH AND SAFETY

COMMUNITY FIREARM RECOVERY PROGRAM

CHAPTER 104 - Community Firearm Recovery Program

§16-10401 - Purpose

The purpose of this chapter is to provide a mechanism to safely remove illegal, unsecured, abandoned, or unwanted firearms from local communities.

78 Del. Laws, c. 134, §1.;

§16-10402 - Definitions

For purposes of this chapter,

  1. "Agency" means local municipal police departments, the New Castle County Police Department and the Delaware State Police.
  2. "CFRP" shall mean Community Firearm Recovery Program.
  3. "Firearm" means any firearm as defined in §222(12) of Title 11.
  4. "Secretary" shall mean the Secretary of Safety and Homeland Security.

78 Del. Laws, c. 134, §1.;

§16-10403 - Program

The CFRP is hereby established and shall be implemented by the agencies as funds are allocated. Within 3 months of receipt of funding, the agency shall:

  1. In coordination with the community groups within its jurisdiction, select a location site for purposes of implementing a Community Firearm Recovery Program; and,
  2. Designate dates and times when a participating individual may surrender a firearm as defined in §10402(3) of this title in exchange for funds of a predetermined value, or gift certificate or coupon of equal value. The participating agency shall determine the amounts to be exchanged for each firearm surrendered.

78 Del. Laws, c. 134, §1.;

§16-10404 - Funding

Under this section, the "Firearms Recovery Fund" shall be established. The Secretary of Safety and Homeland Security shall promulgate rules and regulations for the implementation of this Program, the distribution of funds, and for the safe storage and disposal of recovered weapons in the possession of the participating law-enforcement agency. For purposes of this chapter, "disposal" may include the sale or transfer of the firearms to a federal licensed dealer, defined as a person licensed as a firearms collector, dealer, importer, or manufacturer under the provisions of 18 U.S.C. §922 et seq., or destruction of the firearms.

78 Del. Laws, c. 134, §1.;

§16-10405 - Personal identification and immunity

Any individual who elects to surrender a firearm anonymously to a CFRP may do so and personal identification shall not be required to be presented at the time of redemption. Notwithstanding any law to the contrary, any person participating in a CFRP shall be immune from criminal prosecution for the criminal offenses defined in §§1442 and 1444 of Title 11, provided the person is, in good faith, on an immediate, direct route to the predetermined CFRP site.

78 Del. Laws, c. 134, §1.;

TITLE 22 - MUNICIPALITIES

CHAPTER 1 - General Provisions

§22-1-111 - (2015) Limitation on firearm regulations
  1. The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed. Notwithstanding the provisions of this section to the contrary, the City of Wilmington may, in addition to the nature and extent of regulation permitted by this section, enact any law or ordinance governing the possession or concealment of a paintball gun within its corporate limits as it deems necessary to protect the public safety.
  2. Subsection (a) notwithstanding, municipal governments may adopt ordinances regulating the possession of firearms, ammunition, components of firearms, or explosives in police stations and municipal buildings which contain all of the provisions contained in this subsection. Any ordinance adopted by a municipal government regulating possession of firearms, ammunition, components of firearms, or explosives in police stations or municipal buildings shall require that all areas where possession is restricted is clearly identified by a conspicuous sign posted at each entrance to the restricted area. The sign may also specify that persons in violation may be denied entrance to the building or be ordered to leave the building. Any ordinance adopted by municipal governments relating to possession in police stations or municipal buildings shall also state that any person who immediately foregoes entry or immediately exits such building due to the possession of a firearm, ammunition, components of firearms, or explosives shall not be guilty of violating the ordinance. Municipal governments may establish penalties for any intentional violation of such ordinance as deemed necessary to protect public safety. An ordinance adopted by the municipal government shall not prevent the following in municipal buildings or police stations:
    1. possession of firearms, components of firearms, and ammunition or explosives by law enforcement officers;
    2. law enforcement agencies receiving shipments or delivery of firearms, components of firearms, ammunition or explosives;
    3. law enforcement agencies conducting firearms safety and training programs;
    4. law enforcement agencies from conducting firearm or ammunition public safety programs, donation, amnesty, or any other similar programs in police stations or municipal buildings;
    5. compliance by persons subject to protection from abuse court orders;
    6. carrying firearms and ammunition by persons who hold a valid license pursuant to either §1441 or §1441A of Title 11 of this Code so long as the firearm remains concealed except for inadvertent display or for self-defense or defense of others;
    7. officers or employees of the United States duly authorized to carry a concealed firearm; or
    8. agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property and are engaged in the lawful execution of such duties.
  3. (c) For the purposes of this subsection, "municipal building"means a building where a municipal government entity meets in its official capacity or containing the offices of elected officials and of public employees actively engaged in performing governmental business but excluding any parking facility; provided, however, that if such building is not a municipally owned or leased building, such building shall be considered a municipal building for the purposes of this section only during the time such government entity is meeting in or occupying such a building.

History: 65 Del. Laws, c. 278, §1; 74 Del. Laws, c. 280, §1.; 80 Del. Laws, c. 164, § 1.

CHAPTER 8 - Home Rule

Subchapter VI - Limitations and Exceptions

§22-8-835 - Amendments prohibited
  1. This chapter shall not permit the amending of a municipal charter so as to:
    1. Permit the changing of any term of any elected official until the incumbent has completed the term to which the incumbent was elected;
    2. Permit any charter amendment in contravention of any general statute of this State;
    3. Change the qualifications of those entitled to vote at municipal elections;
    4. Change the date for holding of municipal elections;
    5. Enlarge or otherwise alter the power or procedure whereby a municipal corporation may enlarge its boundaries;
    6. Prohibit, restrict or license ownership, transfer, possession or transportation of firearms or components of firearms or ammunition, except that the discharge of a firearm may be regulated; provided that any regulation or ordinance incorporates the justification defenses as found in Title 11. Nothing contained herein shall be construed to invalidate existing municipal ordinances.
  2. No municipal corporation charter which permits nonresident persons to vote in any municipal election or to hold any municipal office shall be amended, pursuant to this chapter, so as to eliminate or limit the right of nonresident persons to vote or hold office, nor shall the percentage of nonresident officials allowed or required be changed.
  3. No municipal corporation charter which provides a method of appeal to the Superior Court for any matter shall be amended, pursuant to this chapter, so as to eliminate or restrict any such appeal.

History: 22 Del. C. 1953, §835; 53 Del. Laws, c. 260; 65 Del. Laws, c. 133, §1; 70 Del. Laws, c. 186, §1.;

TITLE 24 - PROFESSIONS AND OCCUPATIONS

CHAPTER 9 - Deadly Weapons Dealers

§24-9-901 - License requirement

No person shall engage in the business of selling any pistol or revolver, or stiletto, steel or brass knuckles, or other deadly weapon made especially for the defense of one's person without first having obtained a license therefor, which license shall be known as "special license to sell deadly weapons." No person licensed or unlicensed shall possess, sell or offer for sale any switchblade knife.

This section shall not apply to toy pistols, pocket knives or knives used for sporting purposes and in the domestic household, or surgical instruments or tools of any kind.

History: 26 Del. Laws, c. 15, §1; Code 1915, §257; Code 1935, §231; 24 Del. C. 1953, §901; 49 Del. Laws, c. 77; 66 Del. Laws, c. 184, §1.;

§24-9-902 - Application and fee for license; duration; renewal

Whoever desires to engage in the business of selling any of the articles referred to in the first paragraph of §901 of this title shall apply to the Department of State to obtain a license to conduct such business and shall pay an application fee of $50 to the Department. The license shall entitle the holder thereof to conduct such business until June 1 next succeeding its date. An application for renewal of such license shall be accompanied by a payment of $50 to the Department.

History: 26 Del. Laws, c. 15, §2; 27 Del. Laws, c. 30; Code 1915, §258; Code 1935, §232; 42 Del. Laws, c. 71, §1; 24 Del. C. 1953, §902; 49 Del. Laws, c. 346, §3; 61 Del. Laws, c. 406, §1; 65 Del. Laws, c. 379; 66 Del. Laws, c. 249, §1; 75 Del. Laws, c. 88, §17(2).;

§24-9-903 - Sale to persons under 21 or intoxicated persons

No person shall sell to a person under the age of 21 or any intoxicated person any of the articles referred to in the first paragraph of §901 of this title.

History: 26 Del. Laws, c. 15, §3; Code 1915, §259; 30 Del. Laws, c. 28, §1; Code 1935, §233; 42 Del. Laws, c. 71, §2; 24 Del. C. 1953, §903; 66 Del. Laws, c. 184, §2.;

§24-9-904 - (2013) Records
  1. Any person desiring to engage in the business described in this chapter shall keep and maintain in the place of business at all times a record in accordance with this section and all applicable federal laws and regulations (including, without limitation, 18 U.S.C. §§921 et seq. and 27 C.F.R. §§478.121 et seq.). In such record the businessperson shall enter the date of the sale, the name and address of the person purchasing any deadly weapon, the number and kind of deadly weapon so purchased, the age of the purchaser, and the mode of identification bearing a picture (except as provided in 11 Del.C. §1448B(f)) which shall include but it is not limited to a driver's license, and any other information as shall be required by federal law and regulation. The record shall at all times be open for inspection by any judge, justice of the peace, police officer, constable or other peace officer of this State.
  2. Any person engaging in the business described in this chapter shall keep and maintain a list of current employees including their names, former names used, dates of birth, physical descriptions and social security numbers. The required employee list and all attachments thereto shall be considered confidential but shall, nevertheless, be open for inspection by any police officer of this State or of any political subdivision of this State, within their respective jurisdiction, at any time, at the licensee's primary place of business and during the licensee's regular business hours. No person licensed under this chapter shall knowingly allow any employee who is a person prohibited from possessing a deadly weapon pursuant to §1448 of Title 11 to facilitate a sale of a deadly weapon. All employers licensed to do business pursuant to this chapter shall, prior to employment and at least once during each calendar year thereafter, perform a telephonic criminal history record check of each employee utilizing the procedures set forth in §1448A of Title 11 and shall make and maintain a record thereof using the State Bureau of Identification Criminal History Record Information and Mental Health Information Consent Form (Form 544). A copy of each such form shall be attached to the above required employee list for inspection upon the valid request of a police officer of this State or of any political subdivision of this State, within their respective jurisdiction.
  3. Notwithstanding any provision to the contrary, any inspection by a judge, justice of the peace, police officer, constable, or other peace officer of this State shall be reasonable under the circumstances existing at the time and shall only be made pursuant to and in furtherance of an open criminal investigation or during the course of a criminal prosecution.

History: 26 Del. Laws, c. 15, §4; Code 1915, §259; 30 Del. Laws, c. 28, §1; Code 1935, §233; 42 Del. Laws, c. 71, §2; 24 Del. C. 1953, §904; 61 Del. Laws, c. 406, §§2-4; 63 Del. Laws, c. 55, §1; 66 Del. Laws, c. 184, §3; 70 Del. Laws, c. 186, §1; 71 Del. Laws, c. 149, §1; 79 Del. Laws, c. 20, §§8, 8A.;

§24-9-904A - (2013) Criminal history checks for sales between unlicensed persons
  1. For purposes of this section, "licensed firearm dealer" means any person licensed as a deadly weapons dealer pursuant to Chapter 9 of Title 24 and 18 U.S.C. §921 et seq.
  2. As a condition of its license, any dealer holding a license pursuant to this chapter shall facilitate the transfer of a firearm, as that term is defined in §222 of Title 11, from any unlicensed person as that term is defined in §1448B of Title 11, upon the request of said unlicensed person, pursuant to the following procedure:
    1. The prospective buyer and seller shall jointly appear at the place of business of the dealer, during said dealer's regular hours of business, and shall inform the dealer of their desire to avail themselves of the advantages of the procedure set forth herein.
    2. The dealer shall then subject the prospective buyer to a criminal history background check pursuant to the terms of §1448A of Title 11.
    3. In the event that said record check reveals that the prospective buyer is prohibited from possessing, purchasing or owning a firearm pursuant to §1448 of Title 11, the dealer shall so inform both parties of that fact and the transfer shall not take place.
    4. The dealer shall maintain a record of all criminal history background checks under this section in accordance with §904 of this title.
    5. Any dealer who is asked to facilitate the transfer of a firearm pursuant to the terms of this section, may charge a reasonable fee for said service, said fee not to exceed $30 per criminal history check performed pursuant to this procedure. Notwithstanding the foregoing, no fee may be charged for the return of a firearm to its owner in the event that the proposed transaction may not be immediately and legally completed as the result, or lack thereof, of a criminal history background check hereunder.
    6. Failure or refusal on the part of the dealer to facilitate the transfer of a firearm pursuant to the procedures set forth herein shall be adequate cause to suspend the license of said dealer for a period not to exceed 30 days per occurrence.
    7. Subject to subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked until a license holder has been given notice, and an opportunity to be heard in accordance with the Administrative Procedures Act (Chapter 101 of Title 29).
  3. Nothing in this section, or any other section of the Code, shall authorize or permit the State or any agency, department or instrumentality thereof to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons prohibited from receiving a firearm as set forth in Chapter 5 of Title 11. Any such system of registration is expressly prohibited.

History: 69 Del. Laws, c. 324, §1; 79 Del. Laws, c. 20, §9.;

§24-9-905 - Penalties

Whoever violates this chapter shall be fined not more than $250 or imprisoned not more than 6 months, or both.

History: 26 Del. Laws, c. 15, §5; Code 1915, §260; Code 1935, §234; 24 Del. C. 1953, §905; 66 Del. Laws, c. 184, §4.;

TITLE 28 - SPORTS AND AMUSEMENTS

CHAPTER 8 - Purchase Of Rifles And Shotguns In States Contiguous To This State

§28-8-801 - Definitions
  1. As used in this chapter, the term "a state contiguous to this State" shall mean any state having a common border with this State.
  2. As used in this chapter, all other terms shall be given the meaning prescribed in 18 U.S.C. §921 (the Gun Control Act of 1968), and the regulations duly promulgated thereunder as presently enacted or promulgated and as hereafter modified.

History: 28 Del. C. 1953, §801; 57 Del. Laws, c. 393.;

§28-8-802 - Lawful acts

It shall be lawful for a person residing in this State, including a corporation or other business entity maintaining a place of business in this State, to purchase or otherwise obtain a rifle or shotgun in a state contiguous to this State and to receive or transport such rifle or shotgun into this State, subject, however, to such other laws of the State or its political subdivision as may be applicable and subject to §102 of the Gun Control Act of 1968, 18 U.S.C. §922.

History: 28 Del. C. 1953, §802; 57 Del. Laws, c. 393.;

§28-8-803 - Not applicable to federal licensees

This chapter shall not apply or be construed to affect in any way the purchase, receipt or transportation of rifles and shotguns by federally licensed firearms manufacturers, importers, dealers or collectors.

History: 28 Del. C. 1953, §803; 57 Del. Laws, c. 393.;