Current through 2024 Legislative Session Act Chapter 476
Section 1445 - Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; class E or G felony(a) A person is guilty of unlawfully dealing with a dangerous weapon when: (1) The person, who is not a qualified law-enforcement officer, possesses, sells, or in any manner has control of any of the following: a. A weapon which by compressed air or by spring discharges or projects a pellet, slug or bullet, except a BB gun, paintball gun, or air gun which does not discharge or project a pellet or slug larger than a 177 caliber shotb..A pellet, slug or bullet, intending that it be used in any weapon prohibited by paragraph (a)(1)a. of this section.(2)The person sells, gives or otherwise transfers to a child under 16 years of age a BB or air gun or spear gun or BB shot, unless the person is that child's parent or guardian, or unless the person first receives the permission of said parent or guardian.(3)Being a parent, the person permits the person's child under 16 years of age to have possession of a BB or air gun or spear gun unless under the direct supervision of a person 21 years of age or older. (4)The person sells, gives or otherwise transfers to a c person under 21 years of age a firearm or ammunition for a firearm, unless permitted by § 1448 of this title.(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.(6) Being a parent, the person permits the person's child under 18 years of age to have possession of a firearm unless under the direct supervision of a person 21 years of age or older.(b) As used in this section, "qualified law-enforcement officer" means as defined in § 1441A of this title.(c) Unlawfully dealing with a firearm or dangerous weapon is an unclassified misdemeanor, unless the person is convicted under paragraph (a)(4) of this section, in which case it is a class G felony, or unless the person is convicted under paragraph (a)(5) of this section, in which case it is a class E felony.(d) The Superior Court has exclusive jurisdiction over a violation of paragraphs (a)(3) and (a)(6) of this section.Amended by Laws 2021, ch. 329,s 1, eff. 6/30/2022.11 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.;Section 2 of the 2022 enacting legisation provides that if a provision of this Act, or the application of this Act to a person or circumstance, is held invalid, the provisions of this Act are severable if the invalidity does not affect the other provisions of this Act, or applications of this Act, that can be given effect without the invalid provision or invalid application of this Act.Section 3 of the 2022 enacting legisation provides that Sections 1445(a)(6) and 1448(a)(5)e. of Title 11, as contained in this Act, expire 3 years after the date of enactment of this Act.