§ 1442 — Carrying a concealed deadly weapon; class G felony; class D felony

(a) 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.

(b) Carrying a concealed deadly weapon is a class G felony, unless the deadly weapon is a firearm or a projectile weapon, in which case it is a class D felony.

(c) 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.

(d) It shall be a defense that the defendant complied with § 1456(b) of this title.

Legislative 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 ; 84 Del. Laws, c. 371, § 1 ; 84 Del. Laws, c. 525, § 4