§ 723 — Hunting or trapping in safety zones; penalty

(a) (1) No person, except the owner or occupant, or a person with the permission of the owner or occupant, shall discharge a firearm or airgun within 100 yards of an occupied dwelling, house or residence or any barn, stable or any other building used in connection therewith, while hunting or trapping for wild birds or wild animals of any kind. The area within said distance shall be a “safety zone,” and it shall be unlawful to shoot at any wild bird or wild animal while it is within such safety zone without the specific advance permission of the owner or tenant.

(2) Notwithstanding any other law or regulation to the contrary, the safety zone for hunting deer by projectile weapon, excluding an airgun, shall be 50 yards.

(b) During any open hunting or trapping season, it shall be unlawful for any person, other than the owner or occupant, to hunt or to trap, pursue, disturb or otherwise chase any wild animal or bird within a safety zone without the specific, advance permission of the owner or occupant.

(c) No person, except the owner or occupant, or a person with the permission of said owner or occupant, shall discharge a firearm or projectile weapon so that a shot, slug, bullet, arrow, crossbow bolt, spear, or other projectile lands upon any occupied dwelling, house, or residence, or any barn, stable or other building used in connection therewith.

(d) Whoever violates this section shall be guilty of a class C environmental violation.

Legislative History

64 Del. Laws, c. 369, § 1 ; 69 Del. Laws, c. 281, § 1 ; 70 Del. Laws, c. 275, §§ 67, 71 ; 77 Del. Laws, c. 425, § 4 ; 79 Del. Laws, c. 421, § 3 ; 85 Del. Laws, c. 151, § 9