Delaware Code Title 11 Sec. 1445 – Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; …
(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 or air gun or spear gun or BB shot, 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 or air gun or spear gun 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 to any person knowing that said person intends to commit any felony, class A misdemeanor or drug related criminal offense while in possession of said firearm.
(6) Being a parent, the person permits the person’s child under 18 years of age to have possession of a firearm unless under the direct supervision of a person 21 years of age or older.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E felony | up to 5 years | |
| Class G felony | up to 2 years | |
| Class A misdemeanor | up to 1 year | up to $2,300 |
Terms Used In Delaware Code Title 11 Sec. 1445
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) As used in this section, “qualified law-enforcement officer” means as defined in § 1441A of this title.
(c) Unlawfully dealing with a firearm or 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) of this section.
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;