Delaware § 1445 Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony

Delaware Statutes

§ 1445 — Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony

Delaware·Title 11·Part Delaware Criminal Code·Ch. 5 SPECIFIC OFFENSES·Subch. Offenses Against Public Health, Order and Decency

(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 shot. b. 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 gun, BB shot, or projectile weapon, unless the person is that child’s parent or guardian, or unless the person first receives the permission of said pa

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(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 shot.

b. 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 gun, BB shot, or projectile weapon, 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 gun or projectile weapon, unless under the direct supervision of a person 21 years of age or older.

(4) The person sells, gives or otherwise transfers to a 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 or projectile weapon to any person knowing that said person intends to commit any felony, class A misdemeanor or drug related criminal offense while in possession of the firearm or projectile weapon.

(6) [Repealed.]

(b) As used in this section, “qualified law-enforcement officer” means as defined in § 1441A of this title.

(c) Unlawfully dealing with a 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) [repealed] of this section.

Delaware § 1445 (Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative 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 ; 83 Del. Laws, c. 329, §§ 1, 3 ; 84 Del. Laws, c. 525, § 5 ; 84 Del. Laws, c. 525, § 6