Delaware Code Title 11 Sec. 1466 – Manufacture, sale, transport, transfer, purchase, receipt, and …
(a) Prohibitions. —
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 8 years |
Terms Used In Delaware Code Title 11 Sec. 1466
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Decedent: A deceased person.
- Probate: Proving a will
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
Except as provided in subsection (b) or (c) of this section, it is unlawful for a person to do any of the following:
(1) Transport an assault weapon into this State.
(2) Manufacture, sell, offer to sell, transfer, purchase, receive, or possess an assault weapon.
(b) Applicability. —
This section does not apply to any of the following:
(1) The following individuals, if acting within the scope of official business:
a. Personnel of the United States government or a unit of that government.
b. Members of the armed forces of the United States or of the National Guard.
c. A law-enforcement officer.
(2) An assault weapon modified to render it permanently inoperative.
(3) Possession, importation, manufacture, receipt for manufacture, shipment for manufacture, storage, purchases, sales, and transport to or by a licensed firearms dealer or manufacturer who does any of the following:
a. Provides or services an assault weapon for a law-enforcement agency of this State or for personnel exempted under paragraph (b)(1) of this section.
b. Acts to sell or transfer an assault weapon to a licensed firearm dealer in another state or to an individual purchaser in another state through a licensed firearms dealer.
c. Acts to return to a customer in another state an assault weapon transferred to the licensed firearms dealer or manufacturer under the terms of a warranty or for repair.
(4) Organizations that are required or authorized by federal law governing their specific business or activity to maintain assault weapons.
(5) The receipt of an assault weapon by inheritance, and possession of the inherited assault weapon, if the decedent lawfully possessed the assault weapon and the person inheriting the assault weapon is not otherwise a person prohibited under § 1448 of this title.
(6) The receipt of an assault weapon by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate, including transferring the assault weapon according to will or probate proceedings.
(7) Possession by a qualified retired law-enforcement officer who is not otherwise prohibited from receiving an assault weapon if either of the following applies:
a. The assault weapon is sold or transferred to the qualified retired law-enforcement officer by the law-enforcement agency on retirement.
b. The assault weapon was purchased or obtained by the qualified retired law-enforcement officer for official use with the law-enforcement agency before retirement.
(8) Possession or transport by an “armored car guard,” as defined in § 1302 of Title 24, if the armored car agency is acting within the scope of employment with an “armored car agency,” as defined under § 1302 of Title 24, and is licensed under Chapter 13 of Title 24.
(9) Possession, receipt, and testing by, or shipping to or from any of the following:
a. An ISO 17025 accredited, National Institute of Justice-approved ballistics testing laboratory.
b. A facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.
(c) Exceptions. —
(1) A licensed firearms dealer may continue to do all of the following with an assault weapon that the licensed firearms dealer lawfully possessed on or before June 30, 2022:
a. Possess the assault weapon.
b. Sell the assault weapon or offer the assault weapon for sale. But, the licensed firearms dealer may only sell the assault weapon or offer the assault weapon for sale as permitted under paragraph (b)(3)b. of this section.
c. Transfer the assault weapon. But, the licensed firearms dealer may only transfer the assault weapon as permitted by paragraph (b)(3)b. or (b)(3)c. of this section.
(2) a. A licensed firearms dealer may take possession of an assault weapon from a person who lawfully possessed the assault weapon before June 30, 2022, for the purposes of servicing or repairing the assault weapon.
b. A licensed firearms dealer may transfer possession of an assault weapon received under paragraph (c)(2)a. of this section for purposes of accomplishing service or repair of the assault weapon.
(3) A person who lawfully possessed, or completed a purchase of an assault weapon prior to June 30, 2022, may possess and transport the assault weapon on or after June 30, 2022, only under the following circumstances:
a. At that person’s residence, place of business, or other property owned by that person, or on property owned by another person with the owner’s express permission.
b. While on the premises of a shooting range.
c. While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law-enforcement agency or a nationally or state-recognized entity that fosters proficiency in, or promotes education about, firearms.
d. While transporting the assault weapon between any of the places set forth in this this paragraph (c)(3) of this section, or to any licensed firearms dealer for servicing or repair under paragraph (c)(2) of this section, if the person places the assault weapon in secure storage.
(4) A person may transport an assault weapon to or from any of the following if the person places the assault weapon in secure storage:
a. An ISO 17025 accredited, National Institute of Justice-approved ballistics testing laboratory.
b. A facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.
(5) Ownership of an assault weapon may be transferred from the person owning the assault weapon to a member of that person’s family, and it is lawful for the family member to possess the transferred assault weapon under paragraph (c)(3) of this section, if the transferor lawfully possessed the assault weapon and the family member to whom the assault weapon is transferred is otherwise lawfully permitted to possess it.
(d) Penalty. —
A violation of this section is a class D felony.
(e) Disposal. —
A law-enforcement agency in possession of a person’s assault weapon as a result of an arrest under this section shall dispose of the assault weapon under the process established for deadly weapons and ammunition under § 2311 of this title following the person’s adjudication of delinquency or conviction under this section or by the person’s agreement to forfeit the assault weapon under an agreement to plead delinquent or guilty to another offense.