§ 512 — Refusal to sell and revocation of license; grounds; notice

Delaware § 512

• Jurisdiction: Delaware
• Title: 7
• Part: Game, Wildlife and Dogs
• Ch. 5: LICENSES
• Subch.: Hunting, Trapping and Fishing Licenses, Tags, and Stamps; Public Lands Use Fees

Text

(a) The Department may, except as otherwise provided, revoke any hunting, fishing or trapping license, or any license issued by it, and deny any person the right to secure such license or to hunt, fish or trap anywhere in this State for a period within its discretion, but in no case longer than 1 year, if:

(1) The licensee or person has been convicted of violating any game or fish law; or

(2) The licensee or person has been convicted in any court of record of having defaced, mutilated, destroyed or carried away notices posted by a freeholder, leaseholder or the Department, or personal property or crops of any kind on lands or waters in which such licensee or person may have been hunting, trapping or fishing; or

(3) The licensee or person has been convicted of an offense involving carelessness in the use of firearms or projectile weapons while hunting and thereby caused injury to any person or to poultry or livestock; or

(4) The licensee or person has been convicted of an offense involving the unlawful setting of forest, marsh or grass fires; or

(5) It is established to the satisfaction of the Department that the licensee, while hunting with firearms or projectile weapons, has been in an intoxicated condition.

(b) To revoke a license then in force or to deny any person the right to secure a license or to hunt, trap or fish in this State for any period, the Department shall send a written notice to that effect to the person at that person’s address either by registered mail or by delivery personally by a representative of the Department. The Department shall furnish in writing to all persons authorized to issue licenses, the names and addresses of all persons whose licenses have been revoked and the terms for which such licensees or persons have been denied the right to secure licenses or to hunt, trap or fish in this State, together with any other data the Department deems necessary.

(c) The Department may revoke any hunting or trapping license or any similar licenses issued by it or deny any person the right to secure such license or to hunt or trap anywhere in this State for a period within its discretion of not less than 3 years nor more than 5 years if the licensee has been convicted of illegally possessing, tending or setting or attempting to set or tend a killer, body-gripping trap.

(d) The provisions of § 516(g) and § 2216 of Title 13 shall supersede any provisions of this chapter to the contrary with respect to any matter involving any applicant or licensee under § 516(g) or § 2216 of Title 13. Any provisions hereof to the contrary notwithstanding, upon receipt of notification from the Family Court pursuant to § 516(g) of Title 13 or notice from the Director of the Division of Child Support Services pursuant to § 2216 of Title 13 regarding an applicant or licensee, the Department shall:

(1) Forthwith deny the issuance or renewal of any license under this chapter, or suspend the same, and

(2) Furnish in writing the name and address of such applicant or licensee to all persons authorized to issue licenses under this chapter.

Legislative History

Code 1915, § 2371; 40 Del. Laws, c. 191, § 8 ; Code 1935, § 2817; 7 Del. C. 1953, § 514; 57 Del. Laws, c. 739, § 39 ; 62 Del. Laws, c. 326, § 2 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 216, § 80 ; 80 Del. Laws, c. 234, § 1 ; 85 Del. Laws, c. 151, § 2