Del. Code Ann. tit. 11, § 1445

Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony

11 Del. C. 1953, § 1445; 58 Del. Laws, c. 497, § 1; 64 Del. Laws, c. 44, § 1; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 312, §§ 1-3; 70 Del. Laws, c. 186, § 1; 83 Del. Laws, c. 329, §§ 1, 3; 84 Del. Laws, c. 525, § 5; 84 Del. Laws, c. 525, § 6; 85 Del. Laws, c. 430, § 1;
  1. (a) A person is guilty of unlawfully dealing with a dangerous weapon when:

    1. (1) The person, who is not a qualified law-enforcement officer, possesses, sells, or in any manner has control of any of the following:

      1. a. A weapon which by compressed air or by spring discharges or projects a pellet, slug or bullet, except a BB gun, paintball gun, or air gun which does not discharge or project a pellet or slug larger than a .177 caliber shot.
      2. b. A pellet, slug or bullet, intending that it be used in any weapon prohibited by paragraph (a)(1)a. of this section
    2. (2) The person sells, gives or otherwise transfers to a child under 16 years of age a BB gun, BB shot, or projectile weapon, unless the person is that child’s parent or guardian, or unless the person first receives the permission of said parent or guardian.
    3. (3) Being a parent, the person permits the person’s child under 16 years of age to have possession of a BB gun or projectile weapon, unless under the direct supervision of a person 21 years of age or older.

      1. a. Notwithstanding any provision of this title to the contrary, direct supervision of a person who is 16 or 17 years of age and in possession of a BB gun or projectile weapon while target practicing is not required if all of the following apply:

        1. 1. A parent or guardian permits the person who is 16 or 17 years of age to have possession of a BB gun or projectile weapon
        2. 2. The person who is 16 or 17 years of age has completed an approved basic hunter education course under §§ 501 and 506 of Title 7.
      2. b. Notwithstanding any provision of this title to the contrary, direct supervision of a person who is 16 or 17 years of age and in possession of a BB gun or projectile weapon while hunting, as “hunt” is defined under § 101 of Title 7, is not required if all of the following apply:

        1. 1. A parent or guardian permits the person who is 16 or 17 years of age to have possession of a BB gun or projectile weapon
        2. 2. The person who is 16 or 17 years of age has completed an approved basic hunter education course under §§ 501 and 506 of Title 7.
        3. 3. The person who is 16 or 17 years of age has been issued, and is digitally or physically in possession of a valid hunting license issued by the Department of Natural Resources and Environmental Control.
    4. (4) The person sells, gives or otherwise transfers to a person under 21 years of age a firearm or ammunition for a firearm, unless permitted by § 1448 of this title.
    5. (5) The person sells, gives or otherwise transfers a firearm or projectile weapon to any person knowing that said person intends to commit any felony, class A misdemeanor or drug related criminal offense while in possession of the firearm or projectile weapon.
    6. (6) [Repealed.]
  2. (b) As used in this section, “qualified law-enforcement officer” means as defined in § 1441A of this title.
  3. (c) Unlawfully dealing with a dangerous weapon is an unclassified misdemeanor, unless the person is convicted under paragraph (a)(4) of this section, in which case it is a class G felony, or unless the person is convicted under paragraph (a)(5) of this section, in which case it is a class E felony.
  4. (d) The Superior Court has exclusive jurisdiction over a violation of paragraph (a)(3) of this section.

11 Del. C. 1953, § 1445; 58 Del. Laws, c. 497, § 1; 64 Del. Laws, c. 44, § 1; 67 Del. Laws, c. 130, § 8; 69 Del. Laws, c. 312, §§ 1-3; 70 Del. Laws, c. 186, § 1; 83 Del. Laws, c. 329, §§ 1, 3; 84 Del. Laws, c. 525, § 5; 84 Del. Laws, c. 525, § 6; 85 Del. Laws, c. 430, § 1

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