Delaware General Assembly


CHAPTER 71

DEADLY WEAPON LICENSES

AN ACT TO AMEND CHAPTER 6 OF THE REVISED CODE OF THE STATE OF DELAWARE, 1935, RELATING TO LICENSES FOR THE SALE OF DEADLY WEAPONS.

Be it enacted by the Senate and House of Representatives of the State of. Delaware in General Assembly met:

Section 1. That Section 198 of Chapter 6 of the Revised Code of the State of Delaware, 1935, being Code Section 232 of said Code, be and the same is hereby amended by striking out all of said Section 198 and substituting in lieu thereof the following new section to be known as 232. Sec. 198:

232. Sec. 198. Deadly Weapon License; How Obtained; Fee:--Any person or persons, firm, company or corporation, desiring to engage in the business of selling revolvers, pistols, or revolver or pistol cartridges, stilettos, steel or brass knuckles, or other weapons made for the defense of one's person, shall apply to the State Tax Department and shall obtain a license to conduct such business, for which he, they or it shall pay the sum of twenty-five dollars, which said license shall entitle the holder thereof to conduct said business until the first day of June next succeeding its date.

Section 2. That Section 199 of Chapter 6 of the Revised Code of the State of Delaware, 1935, being Code Section 233 of said Code, be and the same is hereby amended by striking out all of said Section 199, and substituting in lieu thereof the following new section to be known as 233. Sec. 199.

0. Sec. 199. Sale of Deadly Weapons to Minor or Intoxicated Person Prohibited; Record of Deadly Weapon Sale; Inspection Thereof:--It shall be unlawful for any person or persons, or a member of any firm, or the agents or officers of any corporation to sell to a minor or any intoxicated person, any revolver, pistol, or revolver or pistol cartridges, stiletto, steel or brass knuckles, or other deadly weapons made for the defense of one's person.

It shall be the duty of any person or persons, firm, company or corporation desiring to engage in the business aforesaid, to keep and maintain in his place of business at all times a book which shall be furnished him by the State Tax Department, in which said book he shall enter the date of the sale, the name and address of the person purchasing any such deadly weapon, the number and kind of deadly weapon so purchased, the color of the person so purchasing the same, and the apparent age of the purchaser, and the names and addresses of at least two freeholders resident in the County wherein the sale is made, who shall positively identify the purchaser before the sale can be made; provided, that no clerk, employee or other person associated with the seller shall act as one of the identifying freeholders. This book shall at all times be open for inspection by any Judge, Justice of the Peace, Police Officer, Constable, or other Peace Officer of this State.

Section 3. That all acts or parts of acts inconsistent with this Act are hereby repealed to the extent of such inconsistency only.

Approved April 14, 1939.

Public Arms and Defense