Section 1456 - [Effective 2/1/2025] Unsafe storage of a firearm or projectile weapon; class a or b misdemeanor(a)(1) A person is guilty of unsafe storage of a firearm or projectile weapon in a place other than a vehicle when the person intentionally or recklessly stores or leaves a loaded firearm or projectile weapon within the reach or easy access of an unauthorized person, the unauthorized person obtains the firearm or projectile weapon, and all of the following applies: a. The firearm or projectile weapon was not stored in a locked box or container. This paragraph(a)(1)a. does not apply to a projectile weapon that was stored in a way to render the projectile weapon not readily operable.b. The firearm or projectile weapon was not disabled with a tamper-resistant trigger lock which was properly engaged so as to render the firearm or projectile weapon inoperable by a person other than the owner or other lawfully-authorized user. This paragraph (a)(1)b. does not apply to a projectile weapon that cannot be fitted with a trigger lock.c. The firearm or projectile weapon was not stored in a location that a reasonable person would have believed to be secure from access by an unauthorized person.d. The unauthorized person did not obtain the firearm or projectile weapon as the result of an unlawful entry by any person.(2) For the purposes of this section:a. "Locked container" means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device that when properly engaged to render the firearm inaccessible by any individual other than the owner or an authorized person. "Locked container" does not include the glove compartment of a motor vehicle, unless the glove compartment can be manually locked to render the firearm inaccessible by any individual other than the owner or an authorized person.b. "Not readily operable" means that the projectile weapon is disassembled, broken down, or stored in a manner to prevent its immediate use.c. "Stores or leaves" does not mean when the firearm or projectile weapon is carried by or under the control of the owner or other lawfully-authorized user.d. "Unauthorized person" means a child or person prohibited by state or federal law from owning or possessing a firearm or projectile weapon.(b) A person is guilty of unsafe storage of a firearm in a vehicle when the person knowingly leaves a firearm unattended in a vehicle, and the firearm is not stored in any of the following: (1) A locked box or container.(2) A locked firearms rack that is on a motor vehicle.(3) Locked in the trunk of the vehicle.(c)(1) Unsafe storage of a firearm or projectile weapon is a class B misdemeanor if paragraphs (c)(2)a., b., or c. of this section do not apply.(2) Unsafe storage of a firearm or projectile weapon is a class A misdemeanor if the unauthorized person does any of the following: a. Commits or attempts to commit a crime with the firearm or projectile weapon.b. Uses the firearm or projectile weapon to inflict serious physical injury or death upon any person, including the unauthorized person.c. Transfers or attempts to transfer the firearm or projectile weapon to another unauthorized person.(d)(1) Unsafe storage of a firearm in a vehicle under subsection (b) of this section is a class B misdemeanor if paragraphs (d)(2) a.,b., or c. of this section do not apply.(2) Unsafe storage of a firearm in a vehicle is a class A misdemeanor if an unauthorized person obtains the firearm, and the unauthorized person does any of the following with the firearm: a. Commits or attempts to commit a crime with the firearm.b. Uses the firearm to inflict serious physical injury or death upon any person.c. Transfers or attempts to transfer the firearm to an unauthorized person.(e) The Superior Court has jurisdiction over an offense under this section.(f) It is not an offense under this section if the firearm was manufactured in or before the year 1899 or is a replica of such firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.(g) It is not a defense to subsection (b) of this section that the defendant has been issued an otherwise valid license to carry a concealed deadly weapon pursuant to terms of § 1441 of this title.Amended by Laws 2023, ch. 525,s 14, eff. 2/1/2025.Amended by Laws 2023, ch. 371,s 1, eff. 8/15/2024.Amended by Laws 2019 , ch. 35, s 1, eff. 6/6/2019.69 Del. Laws, c. 360, §1; 70 Del. Laws, c. 186, § 1.;This section is set out more than once due to postponed, multiple, or conflicting amendments.