Legislation Document

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

Section 1. Amend § 1457A, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1457A. Possession of a firearm in a Safe School Zone; class E felony.

(a) As used in this section:

(1) “Constable” means as licensed under Chapter 56 of Title 24.

(2) “Firearm” means as defined in § 222 of this title and includes a destructive weapon as defined in § 1444(a) and (c) of this title and includes BB guns.

(3) “Police officer” means as defined in § 8401 of this title.

(4) “Qualified retired law-enforcement officer” means as defined in § 1441B of this title.

(5) “Safe School Zone” means all of the following:

a. Any building, structure, athletic field, sports stadium stadium, or real property owned, operated, leased leased, or rented by any public or private school including any kindergarten kindergarten, elementary, secondary, or vocational-technical school.

b. Any motor vehicle owned, operated, leased, or rented by any public or private school including any kindergarten, elementary, secondary, or vocational-technical school.

(b) Any person who knowingly possesses a firearm while in or on a Safe School Zone shall be guilty of the crime of possession of a firearm in a Safe School Zone.

(1) A police officer.

(2) A constable employed by a school or school district public school who is acting in an official capacity within in a Safe School Zone.

(3) An active-duty member of the United States Armed Forces or Delaware National Guard who is acting in an official capacity within in a Safe School Zone.

(4) A holder of a valid license to carry concealed deadly weapons under § 1441 of this title, but only if the firearm is in a motor vehicle.

(5) Employees An employee of the Department of Services for Children, Youth, and Their Families who are is acting in an official capacity in a Safe School Zone and who is authorized by the Secretary of the Department to carry a firearm while acting in the employee’s official capacity.

(6) Probation A probation and parole officers officer who is acting within the officer’s in an official capacity in a Safe School Zone .

(7) A qualified retired law-enforcement officer who is employed or contracted by a school or school district public school to assist with security or investigations and who is acting in an official capacity within in a Safe School Zone.

(d) Subsection (b) of this section does not apply to the possession of a firearm in any of the following circumstances:

(1) On private property not part of public school grounds.

(2) A firearm in a locked container or locked firearms rack that is in or on a motor vehicle.

(3) When engaged in lawful hunting, firearm instruction, or firearm-related sports on public lands, other than those belonging to a public or private school.

(e) A person who violates this section is guilty of a class E felony.

(f) In the event that If an elementary or secondary public school student possesses a firearm in a Safe School Zone, in addition to any other penalties contained in this section, the student shall be expelled by the local school board or charter school board of directors for a period of not less than 180 days unless otherwise provided for in federal or state law. The local school board or charter school board of directors may, on a case-by-case basis, modify the terms of the expulsion to less than 180 days.

SPONSOR:	Sen. Pettyjohn & Rep. Dukes
Sens. Buckson, Hocker, Lawson, Richardson, Wilson; Reps. Collins, Hilovsky, Yearick