2023 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 5. SPECIFIC OFFENSES
Subchapter VII. Offenses Against Public Health, Order and Decency
§ 1457. Possession of a firearm in a Safe Recreation Zone; class D, E, or F felony; class A or B misdemeanor.
(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm and does so while in or on a “Safe Recreation Zone” shall be guilty of the crime of possession of a firearm in a Safe Recreation Zone.
(b) The underlying offenses in Title 11 shall be:
(1) Section 1442. — Carrying a concealed deadly weapon; class G felony; class D felony.
(2) Section 1444. — Possessing a destructive weapon; class E felony.
(3) Section 1446. — Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
(4) Section 1448. — Possession and purchase of deadly weapons by persons prohibited; class F felony.
(5) Section 1452. — Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
(6) Section 1453. — Unlawfully dealing with martial arts throwing star; class B misdemeanor.
(7) Section 1466. —
Manufacture, sale, transport, transfer, purchase, receipt, and possession of assault weapons; class E or F felony.
(c) For the purpose of this section:
(1) “Constable” means an individual who 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) “Safe Recreation Zone” means any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.
(d) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be convicted both of the crime of possession of a weapon in a Safe School and Recreation Zone and of the underlying offense as defined elsewhere by the laws of the State.
(e) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or in a Safe School and Recreation Zone.
(f) It shall be an affirmative defense to a prosecution for a violation of this section that the weapon was possessed pursuant to an authorized course of school instruction, or for the purpose of engaging in any school-authorized sporting or recreational activity. The affirmative defense established in this section shall be proved by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for any offense defined in any other section of this chapter.
(g) [Repealed.]
(h) This section does not apply to any of the following:
(1) A police officer.
(2) A constable employed by a recreation zone who is acting in that capacity within a Safe Recreation Zone.
(i) [Repealed.]
(j) The penalty for possession of a weapon in a Safe Recreation Zone shall be:
(1) If the underlying offense is a class B misdemeanor, the crime shall be a class A misdemeanor;
(2) If the underlying offense is an unclassified misdemeanor, the crime shall be a class B misdemeanor;
(3) If the underlying offense is a class E, F, or G felony, the crime shall be one grade higher than the underlying offense.
(4) If the underlying offense is a class D felony, the crime shall also be a class D felony.
(5), (6) [Repealed.]
70 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 131, §§ 1-4; 76 Del. Laws, c. 326, § 1; 77 Del. Laws, c. 64, §§ 1, 2; 77 Del. Laws, c. 313, §§ 4, 5; 81 Del. Laws, c. 99, § 1; 81 Del. Laws, c. 194, § 1; 81 Del. Laws, c. 425, § 5; 83 Del. Laws, c. 246, § 1; 83 Del. Laws, c. 328, § 2; 84 Del. Laws, c. 175, § 1;
