Posted: 10/19/2010 8:39:59 PM EDT
|
This is a question regarding the Delaware legal code about keeping firearms in the home. Mind you, I am renting the house with a few of my buddies and we want to know if it is legal to keep firearms as we are all shooting enthusiasts. Please don't say "It's not illegal if they don't know about it" because I really don't want to be on the wrong side of the law with regards to my firearms.
The section of the legal code that deals with this issue is Title 11 § 1457. Possession of a weapon in a Safe School and Recreation Zone. (a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone. (c) For the purpose of this section, "Safe School and Recreation Zone" shall mean: (1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or Up to here it seems fairly straightforward, I'm most concerned about the "Within 1,000 feet" part as our house is within that distance of the university. Then, reading on, we find this little gem: (g) It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, and that no person under the age of 18 was present in such private residence at any time during the commission of the offense. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter. What I take away from this is that it is okay to have a firearm in your house as long as that is where it stays. What say the hive? ETA: Title change. |
It's illegal to move your rifle from your house to your car?  The way I read it, it's your house so it's OK (even if renting). We have a few attorneys from NY around here - hopefully one will chime in. ETA - edit your title and add "NY legal question" to it. You'll get a much better reply. |
|
Quoted:
This is a question regarding the Delaware legal code about keeping firearms in the home. Mind you, I am renting the house with a few of my buddies and we want to know if it is legal to keep firearms as we are all shooting enthusiasts. Please don't say "It's not illegal if they don't know about it" because I really don't want to be on the wrong side of the law with regards to my firearms. The section of the legal code that deals with this issue is Title 11 § 1457. Possession of a weapon in a Safe School and Recreation Zone. (a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone. (c) For the purpose of this section, "Safe School and Recreation Zone" shall mean: (1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or Up to here it seems fairly straightforward, I'm most concerned about the "Within 1,000 feet" part as our house is within that distance of the university. Then, reading on, we find this little gem: (g) It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, and that no person under the age of 18 was present in such private residence at any time during the commission of the offense. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter. What I take away from this is that it is okay to have a firearm in your house as long as that is where it stays. What say the hive? Affirmative defense means they can prosecute you for it, but the court must hear this argument and apply it to the case if it's true. So, you get nailed, but you beat the charge. You also need to look at section b of the code to see what the offenses are. Under this section, it means that you can't keep any gun in the house if you have children and live within 1,000 feet of a school. That doesn't sound right, even in a dopey liberal state like Delaware. I expect you will find something to the effect of "easy access to (loaded?) firearms in section b. There should be another section of the code that deals with transporting firearms. That's what will apply if you want to go to the range or go hunting. |
|
Section b is as follows:
(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. Looking in the code, I can't seem to find anything dealing with transporting firearms, or any weapons for that matter. |
|
Affirmative defense means they can prosecute you for it, but the court must hear this argument and apply it to the case if it's true. So, you get nailed, but you beat the charge. Maybe you beat the charge, but you also get a nice large lawyer bill, courtesy of the State fracking with you. |
|
I AM NOT A LAWYER
Unless I'm mistaken, this is the Cliffs Notes version: You cannot be <18 and in possession of a firearm or commit the crime of CCW/switchblade/throwing star/etc. within 1,000 feet of a school zone. (a) Any person who commits any of the offenses described in subsection (b) (emphasis added). So if you're not committing the CRIME listed in (b) or you're not <18, you SHOULD be good to go.
ETA: The affirmative defense is if you ARE committing a CRIME listed in (b) but you're in your own home and no one <18 is present. |