SPONSOR: |
Rep. Chukwuocha & Sen. Brown & Rep. Cooke |
Reps. Griffith, K. Johnson, D. Short; Sen. Seigfried |
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 123
AS AMENDED BY
HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DISCHARGE OF A FIREARM.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Part E, Subchapter VII, Chapter 5 of Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1460A. Discharging a firearm towards a dwelling, place of worship, vehicle, place of business, school, or institution of higher learning.
(a) It is unlawful to knowingly or intentionally discharge a firearm towards any of the following:
(1) A dwelling.
(2) A place of worship.
(3) A vehicle.
(4) A place of business.
(5) A school.
(6) An institution of higher education.
(b) For purposes of this section:
(1) “Dwelling” means as defined in § 829 of this title.
(2) “Place of business” means a permanent physical structure that is marked with signage and within which a commercial, service, or other legal enterprise is operated. “Place of business” does not include a shooting range or other business the purpose of which is to provide a venue for lawful firearm practice or other lawful firearm uses.
(c) A violation of this section is a class E felony.
(d) A person may not be convicted of both a violation of this section and reckless endangering in the first degree, or both a violation of this section and reckless endangering in the second degree, with regard to the same conduct.