2022 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 5. SPECIFIC OFFENSES
Subchapter VII. Offenses Against Public Health, Order and Decency
§ 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.
71 Del. Laws, c. 62, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 374, § 7;
