Delaware Code Title 11. Crimes and Criminal Procedure § 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.


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