reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1432. Gambling; definitions.

§ 1432. Gambling; definitions.
(a) “Call service” means the furnishing of information upon request therefor or by prearrangement over general telegraphic, telephonic or teletypewriter exchange or toll service.
(b) “Dissemination” means the act of transmitting, distributing, advising, spreading, communicating, conveying or making known.
(c) “Gambling device” means any device, machine, paraphernalia or equipment which is used or usable in the playing phases of any gambling activity, whether the activity consists of gambling between persons or gambling by a person involving the playing of a machine. Lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices.
(d) “Gambling offense” means any offense defined in §§ 1401-1431 of this title.
(e) “Private wire” means service equipment, facilities, conduits, poles, wires, circuits, systems by means of which service is furnished for communication purposes, either through the medium of telephone, telegraph, Morse, teletypewriter, loudspeaker or any other means, or by which the voice or electrical impulses are sent over a wire, and which services are contracted for or leased for services between 2 or more points specifically designated, and are not connected to or available for general telegraphic, telephonic or teletypewriter exchange or toll service, and includes such services known as “special contract leased wire service,” “leased line,” “private line,” “private system,” “Morse line,” “private wire,” but does not include the usual and customary telephone or teletypewriter service by which the subscriber may be connected at each separate call to any other telephone or teletypewriter designated by the subscriber only through the general telephone or teletypewriter exchange system or toll service.
(f) “Public utility” means a person, partnership, association or corporation owning or operating in this State equipment or facilities for conveying or transmitting messages or communications by telephone or telegraph to the public for compensation.
(g) “Obstruction” means a door, window, shutter, screen bar or grating of unusual strength, or any unnecessary number of doors, windows or obstructions other than what is usual and ordinary in the normal or usual use of a building, apartment or place, by which access to any building, apartment or place is barred.
(h) “Slot machine” means a gambling device which, as a result of the insertion of a coin or other object, operates, either completely automatically or with the aid of a physical act by the player, in such manner that, depending upon elements of chance, it may eject something of value.
11 Del. C. 1953, §  1432;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1442. Carrying a concealed deadly weapon; class G felony; class D felony.

§ 1442. Carrying a concealed deadly weapon; class G felony; class D felony.
A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.
Carrying a concealed deadly weapon is a class G felony, unless the deadly weapon is a firearm, in which case it is a class D felony.
It shall be a defense that the defendant has been issued an otherwise valid license to carry a concealed deadly weapon pursuant to terms of § 1441 of this title, where:
(1) The license has expired,
(2) The person had applied for renewal of said license within the allotted time frame prior to expiration of the license, and
(3) The offense is alleged to have occurred while the application for renewal of said license was pending before the court.
11 Del. C. 1953, §  1442;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 547, §  13;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 313, §§  1, 6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1443. Carrying a concealed dangerous instrument; class A misdemeanor.

§ 1443. Carrying a concealed dangerous instrument; class A misdemeanor.
(a) A person is guilty of carrying a concealed dangerous instrument when the person carries concealed a dangerous instrument upon or about the person.
(b) It shall be a defense that the defendant was carrying the concealed dangerous instrument for a specific lawful purpose and that the defendant had no intention of causing any physical injury or threatening the same.
(c) For the purposes of this section, disabling chemical spray, as defined in § 222 of this title, shall not be considered to be a dangerous instrument.
(d) Carrying a concealed dangerous instrument is a class A misdemeanor.
11 Del. C. 1953, §  1443;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 547, §  14;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 374, §  6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1445. Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony [Effective until June 30, 2025].

§ 1445. Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony [Effective until June 30, 2025].
(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.
(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;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1445. Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony [Effective June 30, 2025].

§ 1445. Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony [Effective June 30, 2025].
(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) [Repealed.]
(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;  83 Del. Laws, c. 329, § 3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1446. Unlawfully dealing with a switchblade knife; unclassified misdemeanor.

§ 1446. Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
A person is guilty of unlawfully dealing with a switchblade knife when the person sells, offers for sale or has in possession a knife, the blade of which is released by a spring mechanism or by gravity.
Unlawfully dealing with a switchblade knife is an unclassified misdemeanor.
11 Del. C. 1953, §  1446;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1446A. Undetectable knives; commercial manufacture, import for commercial sale, or offers for commercial sale; or possession.

§ 1446A. Undetectable knives; commercial manufacture, import for commercial sale, or offers for commercial sale; or possession.
(a) Any person in this state who commercially manufactures or causes to be commercially manufactured, or who knowingly imports into the state for commercial sale, keeps for commercial sale, or offers or exposes for commercial sale, or who possesses any undetectable knife is guilty of a class G felony. As used in this section, an “undetectable knife” means any knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict serious physical injury or death that is commercially manufactured to be used as a weapon and is not detectable by a metal detector or magnetometer because there is no material permanently affixed that would be detectable by a metal detector or magnetometer, either handheld or otherwise, that is set at standard calibration.
(b) Notwithstanding any other provision of law, all knives or other instruments with or without a handguard that are capable of ready use as a stabbing weapon that may inflict serious physical injury or death that are commercially manufactured in this state that utilize materials that are not detectable by a metal detector or magnetometer, shall be manufactured to include permanently installed materials that will ensure they are detectable by a metal detector or magnetometer, either handheld or otherwise, that is set at standard calibration.
(c) This section shall not apply to the manufacture or importation of undetectable knives for sale to a law-enforcement or military entity nor shall this section apply to the subsequent sale of these knives to law enforcement or military entity.
(d) This section shall not apply to the manufacture or importation of undetectable knives for sale to federal, state, and local historical societies, museums, and institutional collections which are open to the public, provided that the undetectable knives are properly housed and secured from unauthorized handling, nor shall this section apply to the subsequent sale of the knives to these societies, museums, and collections.
75 Del. Laws, c. 348, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1447. Possession of a deadly weapon during commission of a felony; class B felony.

§ 1447. Possession of a deadly weapon during commission of a felony; class B felony.
(a) A person who is in possession of a deadly weapon during the commission of a felony is guilty of possession of a deadly weapon during commission of a felony.
Possession of a deadly weapon during commission of a felony is a class B felony.
(b), (c) [Repealed.]
(d) Every person charged under this section over the age of 16 years may be tried as an adult pursuant to §§ 1010 and 1011 of Title 10, notwithstanding any contrary provision of statutes governing the Family Court or any other state law.
(e) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person possessed the deadly weapon is a lesser included felony of the one originally charged.
11 Del. C. 1953, §  1447;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  34;  59 Del. Laws, c. 547, §  15;  60 Del. Laws, c. 306, §§  1, 2;  63 Del. Laws, c. 412, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 107, §  1;  81 Del. Laws, c. 199, § 3;  82 Del. Laws, c. 66, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1447A. Possession of a firearm during commission of a felony; class B felony.

§ 1447A. Possession of a firearm during commission of a felony; class B felony.
(a) A person who is in possession of a firearm during the commission of a felony is guilty of possession of a firearm during the commission of a felony. Possession of a firearm during the commission of a felony is a class B felony.
(b) A person convicted under subsection (a) of this section shall receive a minimum sentence of 3 years at Level V, notwithstanding the provisions of § 4205(b)(2) of this title.
(c) A person convicted under subsection (a) of this section, and who has been at least twice previously convicted of a felony in this State or elsewhere, shall receive a minimum sentence of 5 years at Level V, notwithstanding the provisions of §§ 4205(b)(2) and 4215 of this title.
(d), (e) [Repealed.]
(f) Every person charged under this section over the age of 16 years who, following an evidentiary hearing where the Superior Court finds proof positive or presumption great that the accused used, displayed, or discharged a firearm during the commission of a Title 11 or a Title 31 violent felony as set forth in § 4201 (c) of this title, shall be tried as an adult, notwithstanding any contrary provisions or statutes governing the Family Court or any other state law. The provisions of this section notwithstanding, the Attorney General may elect to proceed in Family Court.
(g) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person possessed the firearm is a lesser included felony of the one originally charged.
69 Del. Laws, c. 229, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 596, §  7;  73 Del. Laws, c. 107, §§  2, 3;  81 Del. Laws, c. 252, § 1;  82 Del. Laws, c. 66, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1449. Wearing body armor during commission of felony; class B felony.

§ 1449. Wearing body armor during commission of felony; class B felony.
(a) A person who wears body armor during the commission of a felony is guilty of wearing body armor during the commission of a felony.
(b) Notwithstanding § 4205 of this title, the minimum sentence for violation of this section shall be not less than 3 years which minimum sentence shall not be subject to suspension and no person convicted for a violation of this section shall be eligible for parole or probation during such 3 years.
(c) Any sentence imposed upon conviction for wearing body armor during the commission of a felony shall not run concurrently with any other sentence. In any instance where a person is convicted of a felony, together with the conviction for wearing body armor during the commission of a felony, such person shall serve the sentence for the felony itself before beginning the sentence imposed for wearing body armor during the commission of such felony.
(d) Every person charged under this section over the age of 16 years may be tried as an adult pursuant to §§ 1010 and 1011 of Title 10, notwithstanding any contrary provision of statutes governing the Family Court or any other state law.
(e) As used in this section, the term “body armor” means any material designed to provide bullet penetration resistance.
(f) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person wore body armor is a lesser included felony of the one originally charged.
(g) Wearing body armor during the commission of a felony is a class B felony.
63 Del. Laws, c. 368, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 199, § 5;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1450. Receiving a stolen firearm; class F felony.

§ 1450. Receiving a stolen firearm; class F felony.
A person is guilty of receiving a stolen firearm if the person intentionally receives, retains or disposes of a firearm of another person with intent to deprive the owner of it or to appropriate it, knowing that it has been acquired under circumstances amounting to theft, or believing that it has been so acquired. Receiving a stolen firearm is a class F felony. Knowledge that a firearm has been acquired under circumstances amounting to theft may be presumed in the case of a person who acquires it for a consideration which the person knows is substantially below its reasonable value.
64 Del. Laws, c. 38, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1451. Theft of a firearm; class F felony.

§ 1451. Theft of a firearm; class F felony.
(a) A person is guilty of theft of a firearm when the person takes, exercises control over or obtains a firearm of another person intending to deprive the other person of it or appropriate it.
(b) Theft of a firearm is a class F felony.
64 Del. Laws, c. 37, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1452. Unlawfully dealing with knuckles-combination knife; class B misdemeanor.

§ 1452. Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
A person is guilty of unlawfully dealing with a knuckles-combination knife when the person sells, offers for sale or has in possession a knife, the blade of which is supported by a knuckle ring grip handle.
Unlawfully dealing with a knuckles-combination knife is a class B misdemeanor.
65 Del. Laws, c. 465, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1453. Unlawfully dealing with martial arts throwing star; class B misdemeanor.

§ 1453. Unlawfully dealing with martial arts throwing star; class B misdemeanor.
A person is guilty of unlawfully dealing with a martial arts throwing star when the person sells, offers for sale or has in possession a sharp metal throwing star.
Unlawfully dealing with a martial arts throwing star is a class B misdemeanor.
65 Del. Laws, c. 465, §  1;  67 Del. Laws, c. 130, §  8;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1454. Giving a firearm to person prohibited; class F felony.

§ 1454. Giving a firearm to person prohibited; class F felony.
A person is guilty of giving a firearm to certain persons prohibited when the person sells, transfers, gives, lends or otherwise furnishes a firearm to a person knowing that said person is a person prohibited as is defined in § 1448 of this title.
Giving a firearm to certain persons prohibited is a class F felony.
68 Del. Laws, c. 47, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1455. Engaging in a firearms transaction on behalf of another; class E felony; class C felony.

§ 1455. Engaging in a firearms transaction on behalf of another; class E felony; class C felony.
(a) A person is guilty of engaging in a firearms transaction on behalf of another when the person purchases or obtains a firearm on behalf of a person not qualified to legally purchase, own or possess a firearm in this State or for the purpose of selling, giving or otherwise transferring a firearm to a person not legally qualified to purchase, own or possess a firearm in this State.
(b) Engaging in a firearms transaction on behalf of another is a class E felony for the first offense, and a class C felony for each subsequent like offense.
(c) (1) A federal firearms licensee who suspects a person engaged in a firearms transaction may be violating this section may alert SBI through the same hotline established under § 8572 of this title for background checks.
(2) Upon receiving notice of a possible transaction in violation of this section, SBI shall forward information relating to the transaction to the appropriate law-enforcement agency for further investigation.
69 Del. Laws, c. 220, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 228, § 1;  83 Del. Laws, c. 330, § 4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1456. Unsafe storage of a firearm; class A or B misdemeanor.

§ 1456. Unsafe storage of a firearm; class A or B misdemeanor.
(a) (1) A person is guilty of unsafe storage of a firearm when the person intentionally or recklessly stores or leaves a loaded firearm within the reach or easy access of an unauthorized person, the unauthorized person obtains the firearm, and all of the following do apply:
a. The firearm was not stored in a locked box or container.
b. The firearm was not disabled with a tamper-resistant trigger lock which was properly engaged so as to render the firearm inoperable by a person other than the owner or other lawfully-authorized user.
c. The firearm was not stored in a location that a reasonable person would have believed to be secure from access by an unauthorized person.
d. The unauthorized person did not obtain the firearm as the result of an unlawful entry by any person.
(2) For the purposes of this section:
a. “Stores or leaves” does not mean when the firearm is carried by or under the control of the owner or other lawfully-authorized user.
b. “Unauthorized person” means a child or person prohibited by state or federal law from owning or possessing a firearm.
(b) [Repealed.]
(c) (1) Unsafe storage of a firearm is a class B misdemeanor if paragraphs (c)(2)a., b., or c. of this section do not apply.
(2) Unsafe storage of a firearm is a class A misdemeanor if the unauthorized person does any of the following:
a. Commits or attempts to commit a crime with the firearm.
b. Uses the firearm to inflict serious physical injury or death upon any person, including the unauthorized person.
c. Transfers or attempts to transfer the firearm to another unauthorized person.
(d) The Superior Court has jurisdiction over an offense under this section.
(e) It is not an offense under this section if the firearm was manufactured in or before the year 1899 or is a replica of such firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
69 Del. Laws, c. 360, §  1;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 35, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1457A. Possession of a firearm in a Safe School Zone; class E felony.

§ 1457A. Possession of a firearm in a Safe School Zone; class E felony.
(a) As used in this section:
(1) “Constable” means as licensed under Chapter 56 of Title 24.
(2) “Firearm” means as defined in § 222 of this title and includes a destructive weapon as defined in § 1444(a) and (c) of this title and includes BB guns.
(3) “Police officer” means as defined in § 8401 of this title.
(4) “Safe School Zone” means all of the following:
a. Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including any kindergarten elementary, secondary, or vocational-technical school.
b. Any motor vehicle owned, operated, leased, or rented by any public or private school including any kindergarten, elementary, secondary, or vocational-technical school.
(b) Any person who knowingly possesses a firearm while in or on a Safe School Zone shall be guilty of the crime of possession of a firearm in a Safe School Zone.
(c) Subsection (b) of this section shall not apply to any of the following:
(1) A police officer.
(2) A constable employed by a school district who is acting in an official capacity within a Safe School Zone.
(3) An active-duty member of the United States Armed Forces or Delaware National Guard who is acting in an official capacity within a Safe School Zone.
(4) A holder of a valid license to carry concealed deadly weapons under § 1441 but only if the firearm is in a vehicle.
(5) Employees of the Department of Services for Children, Youth, and Their Families who are authorized by the Secretary of the Department to carry a firearm while acting in the employee's official capacity.
(6) Probation and parole officers acting within the officer's official capacity.
(d) Subsection (b) of this section does not apply to the possession of a firearm in any of the following circumstances:
(1) On private property not part of school grounds.
(2) A firearm in a locked container or locked firearms rack that is in or on a motor vehicle.
(3) When engaged in lawful hunting, firearm instruction, or firearm-related sports on public lands, other than those belonging to a public or private school.
(e) A person who violates this section is guilty of a class E felony.
(f) In the event that an elementary or secondary school student possesses a firearm in a Safe School Zone, in addition to any other penalties contained in this section, the student shall be expelled by the local school board or charter school board of directors for a period of not less than 180 days unless otherwise provided for in federal or state law. The local school board or charter school board of directors may, on a case-by-case basis, modify the terms of the expulsion to less than 180 days.
84 Del. Laws, c. 175, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1458. Removing a firearm from the possession of a law-enforcement officer; class C felony.

§ 1458. Removing a firearm from the possession of a law-enforcement officer; class C felony.
(a) A person shall not knowingly or recklessly remove or attempt to remove a firearm, disabling chemical spray, baton or other deadly weapon from the possession of another person or deprive the other person of its use if:
(1) The person has knowledge or reason to know that the other person is employed as:
a. A law-enforcement officer including, but not limited to, all those defined as “police officer” in § 1911(a) of this title, who is authorized by law to make arrests;
b. A sheriff, deputy sheriff, constable, judicial assistant, court bailiff or other court security officer or court bailiff;
c. An employee of the Department of Correction, the Division of Parole and Probation or the Department of Youth Rehabilitative Services;
d. A special investigator or state detective with the Delaware Department of Justice, Office of the Attorney General; or
e. An armored car guard licensed pursuant to § 1317 or § 1320 of Title 24; and
(2) The other person is lawfully acting within the course and scope of that other person's employment.
(b) A person who violates this section is guilty of a class C felony.
71 Del. Laws, c. 62, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 374, §  7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1459. Possession of a weapon with a removed, obliterated or altered serial number.

§ 1459. Possession of a weapon with a removed, obliterated or altered serial number.
(a) No person shall knowingly transport, ship, possess or receive any firearm or firearm frame or receiver with the knowledge that the importer's or manufacturer's serial number has been removed, obliterated or altered in a manner that has disguised or concealed the identity or origin of the firearm.
(b) This section shall not apply to a firearm manufactured prior to 1973.
(c) Possessing, transporting, shipping or receiving a firearm with a removed, obliterated or altered serial number pursuant to this section is a class D felony.
71 Del. Laws, c. 251, §  1;  83 Del. Laws, c. 246, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1459A. Possession of an unfinished firearm frame or receiver with no serial number.

§ 1459A. Possession of an unfinished firearm frame or receiver with no serial number.
(a) No person shall knowingly transport, ship, transfer, or sell an unfinished firearm frame or receiver unless all of the following apply:
(1) The person is a federally-licensed gun dealer or manufacturer.
(2) The name of the manufacturer and an individual serial number are conspicuously placed on the unfinished firearm frame or receiver in accordance with the procedures for the serialization of a firearm in 18 U.S.C. § 923(i).
(3) The person maintains records for the unfinished firearm frame or receiver in accordance with the requirements for maintenance of records in 18 U.S.C. § 923(g).
(b) No person shall knowingly possess an unfinished firearm frame or receiver that does not have the name of the manufacturer and individual serial number conspicuously placed on it or on a major component of the firearm into which the unfinished firearm frame or receiver will be housed.
(c) Subsection (b) of this section does not apply to a federally-licensed gun manufacturer during the manufacturing process of a firearm frame or receiver.
(d) Possession of an unfinished firearm frame or receiver with no serial number is a class D felony.
83 Del. Laws, c. 246, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1461. Report of loss, theft of firearm.

§ 1461. Report of loss, theft of firearm.
(a) Any owner of a firearm, defined in § 222 of this title, shall report the loss or theft of the firearm within 7 days after the discovery of the loss or theft to either:
(1) The law-enforcement agency having jurisdiction over the location where the loss or theft of the firearm occurred; or
(2) Any State Police troop.
(b) Whoever is convicted of a violation of this section shall:
(1) For the first offense, be guilty of a violation and be subject to a civil penalty of not less than $75 nor more than $100.
(2) For a second offense committed at any time after the sentencing or adjudication of a first offense, be guilty of a violation and be subject to a civil penalty of not less than $100 nor more than $250.
(3) For a third or subsequent offense committed at any time after the sentencing or adjudication of a second offense, be guilty of a class G felony.
79 Del. Laws, c. 41, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1462. Covert or undetectable firearms; class E or D felony.

§ 1462. Covert or undetectable firearms; class E or D felony.
(a) A person is guilty of possession of a covert or undetectable firearm when the person knowingly possesses a covert or undetectable firearm.
(b) A person is guilty of manufacturing a covert or undetectable firearm when the person manufactures, causes to be manufactured, transports, or sells a covert or undetectable firearm.
(c) Possession of a covert or undetectable firearm is a class E felony.
(d) Manufacturing a covert or undetectable firearm is a class D felony.
83 Del. Laws, c. 246, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1463. Untraceable firearms; class E or D felony.

§ 1463. Untraceable firearms; class E or D felony.
(a) A person is guilty of possessing an untraceable firearm when then person knowingly possesses an untraceable firearm.
(b) A person is guilty of manufacturing an untraceable firearm when the person knowingly manufactures, assembles, causes to be manufactured or assembled, sells, or transfers an untraceable firearm.
(c) A person is guilty of manufacturing or distributing a firearm using a 3-dimensional printer when the person does any 1 of the following:
(1) Uses a 3-dimensional printer or similar device to manufacture or produce a firearm, firearm receiver, or major firearm component when not licensed as a manufacturer.
(2) Distributes by any means, including the internet, to a person who is not licensed as a manufacturer, instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a 3-dimensional printer to manufacture or produce a firearm, firearm receiver or major component of a firearm.
(d) Possession of an untraceable firearm is a class E felony.
(e) Manufacturing an untraceable firearm or manufacturing or distributing a firearm using a 3-dimensional printer is a class D felony.
83 Del. Laws, c. 246, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1464. Legislative findings.

§ 1464. Legislative findings.
The General Assembly hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this State. The General Assembly has restricted the assault weapons specified in § 1465 of this title based upon finding that each firearm has such a high rate of fire and capacity for firepower that its potential function as a sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the General Assembly in enacting this chapter to place restrictions on the possession and use of assault weapons. It is not, however, the intent of the General Assembly by this chapter to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities.
83 Del. Laws, c. 328, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1467. Voluntary certificate of possession.

§ 1467. Voluntary certificate of possession.
(a) A person who is exempt from § 1466(a) of this title under § 1466(c)(3) of this title may, no later than June 30, 2023, apply to the Secretary of the Department of Safety and Homeland Security for a certificate of possession.
(b) In a prosecution under § 1466 of this title, it is an affirmative defense that the defendant was lawfully in possession or had completed a purchase of the assault weapon prior to June 30, 2022. A certificate of possession is conclusive evidence that a person lawfully possessed or had completed a purchase of an assault weapon before June 30, 2022, and is entitled to continue to possess and transport the assault weapon on or after June 30, 2022, under § 1466(c)(3) of this title.
(c) The Secretary of the Department of Safety and Homeland Security shall establish procedures with respect to the application for and issuance of certificates of possession for assault weapons that are lawfully owned and possessed before June 30, 2022. Rules and procedures under this subsection must include all of the following:
(1) That the application contain proof that the person lawfully possessed or had completed a purchase of an assault weapon before June 30, 2022.
(2) That the certificate of possession must contain a description of the assault weapon, including the make, model, and serial number. For an assault weapon manufactured before 1968, identifying marks may be substituted for the serial number.
(3) That the certificate of possession must contain the full name, address, date of birth, and thumbprint of the person who owns the assault weapon, and any other information the Secretary deems appropriate.
(4) That the Department will not retain copies of the certificate or other identifying information relating to any individual who applies for a voluntary certificate of possession.
(d) A person who inherits or receives a weapon from a family member that is lawfully possessed under § 1466(c)(3) of this title and lawfully transferred may apply for a certificate of possession within 60 days of taking possession of the weapon. To receive a certificate, the person must show that the transferor was lawfully in possession and that he or she is the lawful recipient of the transfer.
83 Del. Laws, c. 328, § 1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1468. Definitions related to large-capacity magazines.

§ 1468. Definitions related to large-capacity magazines.
For purposes of this section and §§ 1469 and 1469A of this title:
(1) “Ammunition feeding device” means any magazine, belt, drum, feed strip, or similar device that holds ammunition for a firearm.
(2) a. “Large-capacity magazine” means any ammunition feeding device capable of accepting, or that can readily be converted to hold, more than 17 rounds of ammunition.
b. “Large-capacity magazine” does not include an attached tubular device designed to accept, and only capable of operating with, .22 caliber rimfire ammunition.
c. For purposes of this subsection, the presence of a removable floor plate in an ammunition feeding device that is not capable of accepting more than 17 rounds of ammunition shall not, without more, be sufficient evidence that the ammunition feeding device can readily be converted to hold more than 17 rounds of ammunition.
(3) “Licensed firearms dealer” means a person licensed under Chapter 9 of Title 24 or 18 U.S.C. § 921 et seq.
(4) “Qualified retired law-enforcement officer” means as defined under § 1441B(c) of this title.
83 Del. Laws, c. 331, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1469. Large-capacity magazines prohibited; class E felony; class B misdemeanor; or civil violation [Effective Jan. 1, 2024].

§ 1469. Large-capacity magazines prohibited; class E felony; class B misdemeanor; or civil violation [Effective Jan. 1, 2024].
(a) Except as otherwise provided in subsections (c) through (e) of this section, it is unlawful for a person to manufacture, sell, offer for sale, purchase, receive, transfer, or possess a large-capacity magazine.
(b) (1) A violation of this section which is a first offense which only involves possession of a large capacity magazine is a civil penalty of $100.
(2) A second violation of this section which only involves possession of a large capacity magazine is a class B misdemeanor.
(3) All other violations of this section, including a subsequent offense involving only possession of a large capacity magazine are a class E felony.
(4) A large-capacity magazine is subject to forfeiture for a violation of this section.
(5) The Superior Court has exclusive jurisdiction over violations under subsections (b)(2) and (b)(3) of this section.
(c) This section does not apply to any of the following:
(1) Personnel of the United States government or a unit of that government who are acting within the scope of official business.
(2) Members of the armed forces of the United States or of the National Guard who are acting within the scope of official business.
(3) A law-enforcement officer.
(4) A qualified retired law-enforcement officer.
(5) An individual who holds a valid concealed carry permit issued by the Superior Court under § 1441 of this title.
(6) A licensed firearms dealer that sells a large-capacity magazine to another licensed firearms dealer or to an individual exempt under paragraphs (c)(1) through (5) of this section.
(7) A large-capacity magazine that a person has rendered permanently inoperable or has permanently modified to accept 17 rounds of ammunition or less.
(d) [Repealed.]
(e) This section does not apply to any of the following:
(1) A person who manufactures a large-capacity magazine, if the person manufactures the large-capacity magazine with the intent to sell the large-capacity magazine, or offer the large-capacity magazine for sale, to a person outside of this State.
(2) A person who ships or transports a large-capacity magazine for a person under paragraph (e)(1) of this section.
83 Del. Laws, c. 331, § 1;  83 Del. Laws, c. 348, § 1;  83 Del. Laws, c. 331, § 6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1469A. Possession of a large-capacity magazine during the commission of a felony; class B felony.

§ 1469A. Possession of a large-capacity magazine during the commission of a felony; class B felony.
(a) It is unlawful for a person to possess a large-capacity magazine during the commission of a felony.
(b) Possession of a large-capacity magazine during the commission of a felony is a class B felony.
(c) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person possessed the large-capacity magazine is a lesser included felony of the 1 originally charged.
83 Del. Laws, c. 331, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 5. SPECIFIC OFFENSES › Subchapter VII. Offenses Against Public Health, Order and Decency › § 1470. Definitions.

§ 1470. Definitions.
(a) “Cheat” means to alter the element of chance, method of selection, or criteria which determines:
(1) The result of the game;
(2) The amount or frequency of payment in a game, including intentionally taking advantage of a malfunctioning machine;
(3) The value of a wagering instrument; or
(4) The value of a wagering credit.
(b) “Cheating device” means any physical, mechanical, electromechanical, electronic, photographic, or computerized device used in such a manner as to cheat, deceive or defraud a video lottery machine or a table game. This includes, but is not limited to, slugs, plastic, tape, string or dental floss which is placed inside a coin or bill acceptor or any other opening in a video lottery machine in a manner to simulate coin or currency acceptance, and is thereafter withdrawn, or forged or stolen keys used to gain access to a machine to remove its contents, or game cards or dice that have been marked, loaded or tampered with.
(c) “Paraphernalia for the manufacturing of cheating devices” means the equipment, products or materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of the chips, tokens, debit instruments or other wagering devices approved by the State Lottery Office or lawful coin or currency of the United States of America. This term includes, but is not limited to, lead or lead alloy molds, forms, or similar equipment capable of producing a likeness of a gaming token or United States coin or currency; melting pots or other receptacles; torches; tongs, trimming tools or other similar equipment; and equipment that can be used to manufacture facsimiles of debit instruments or wagering instruments approved by the State Lottery Office.
(d) “Table game” shall mean any game played with cards, dice or any mechanical, electromechanical or electronic device or machine (excluding video lottery machines) for money, credit or any representative of value, including, but not limited to, baccarat, blackjack, twenty-one, poker, craps, roulette, keno, bingo, wheel of fortune or any variation of these games, whether or not similar in design or operation.
(e) “Video lottery machine” shall mean any machine in which bills, coins or tokens are deposited in order to play in a game of chance in which the results, including options to the player, are randomly and immediately determined by the machine. A machine may use spinning reels or video displays or both, and may or may not dispense coins or tokens directly to winning players. A machine shall be considered a video lottery machine notwithstanding the use of an electronic credit system making the deposit of bills, coins or tokens unnecessary.
73 Del. Laws, c. 232, §  1;  77 Del. Laws, c. 221, §§  1, 2;