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Current as of January 01, 2022 | Updated by FindLaw Staff
(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 gun, BB shot, or projectile weapon, 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 gun or projectile weapon, 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 or projectile weapon to any person knowing that said person intends to commit any felony, class A misdemeanor or drug related criminal offense while in possession of the firearm or projectile weapon.
(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 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.
Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 1445. Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony - last updated January 01, 2022 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-1445.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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