SPONSOR:

Sen. Lawson & Rep. Carson

Sens. Hocker, Wilson; Reps. Collins, D. Short, Spiegelman, Yearick

DELAWARE STATE SENATE

150th GENERAL ASSEMBLY

SENATE BILL NO. 100

AN ACT TO AMEND TITLE 11 RELATING TO UNLAWFULLY DEALING WITH A DANGEROUS WEAPON.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1445, Title 11 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§ 1445. Unlawfully dealing with a dangerous weapon; unclassified misdemeanor.

A person is guilty of unlawfully dealing with a dangerous weapon when:

(1) The person possesses, sells or in any manner has control of:

a. A weapon which by compressed air or by spring discharges or projects a pellet, slug slug, or bullet, except a BB or air gun which does not discharge or project a pellet or pellet, BB shot, or slug larger than a BB shot; .25 caliber; or

b. A pellet, slug slug, or bullet, intending that it be used in any weapon prohibited by paragraph (1)a. of this section; or

(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; or

(3) Being a parent, the person permits the person's child under 16 years of age to have possession of a firearm or a BB or air gun or spear gun unless under the direct supervision of an adult; or

(4) The person sells, gives or otherwise transfers to a child under 18 years of age a firearm or ammunition for a firearm, unless the person is that child's parent or guardian, or unless the person first receives the permission of said parent or guardian; or

(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 misdemeanor, or drug related criminal offense while in possession of said firearm.

SYNOPSIS

This Act revises the shot and pellet size that is permitted for BB and air guns by increasing and defining the limit by an actual size. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Author: Senator Lawson