Delaware Code Title 11. Crimes and Criminal Procedure § 1447A. Possession of a firearm or projectile weapon during commission of a felony;  class B felony

(a) A person who is in possession of a firearm or projectile weapon during the commission of a felony is guilty of possession of a firearm or projectile weapon during the commission of a felony.  Possession of a firearm or projectile weapon 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(d), (e) Repealed by 82 Laws 2019, ch. 66, § 2.

(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 or projectile weapon 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 or projectile weapon is a lesser included felony of the one originally charged.