SPONSOR: Rep. Chukwuocha & Sen. Brown & Rep. Cooke Reps. Griffith, K. Johnson, D. Short; Sen. Seigfried HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE BILL NO. 123 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DISCHARGE OF A FIREARM.
SPONSOR: Rep. Chukwuocha & Sen. Brown & Rep. Cooke Reps. Griffith, K. Johnson, D. Short; Sen. Seigfried
SPONSOR: Rep. Chukwuocha & Sen. Brown & Rep. Cooke
Reps. Griffith, K. Johnson, D. Short; Sen. Seigfried
SPONSOR:
Rep. Chukwuocha & Sen. Brown & Rep. Cooke
Reps. Griffith, K. Johnson, D. Short; Sen. Seigfried
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 123
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DISCHARGE OF A FIREARM.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Part E, Subchapter VII, Chapter 5 of Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 1460A. Discharging a firearm at a dwelling, place of worship, vehicle, or place of business. (a) It is unlawful to knowingly or intentionally discharge a firearm at any of the following: (1) A dwelling. (2) A place of worship. (3) A vehicle. (4) A place of business. (b) For purposes of this section: (1) Dwelling means as defined in 829 of this title. (2) Place of business means a permanent physical structure that is marked with signage and within which a commercial, service, or other legal enterprise is operated. Place of business does not include a shooting range or other business the purpose of which is to provide a venue for lawful firearm practice or other lawful firearm uses. (c) A violation of this section is a class E felony. (d) A person may not be convicted of both a violation of this section and reckless endangering in the first degree, or both a violation of this section and reckless endangering in the second degree, with regard to the same conduct.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Part E, Subchapter VII, Chapter 5 of Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
1460A. Discharging a firearm at a dwelling, place of worship, vehicle, or place of business.
(a) It is unlawful to knowingly or intentionally discharge a firearm at any of the following:
(1) A dwelling.
(2) A place of worship.
(3) A vehicle.
(4) A place of business.
(b) For purposes of this section:
(1) Dwelling means as defined in 829 of this title.
(2) Place of business means a permanent physical structure that is marked with signage and within which a commercial, service, or other legal enterprise is operated. Place of business does not include a shooting range or other business the purpose of which is to provide a venue for lawful firearm practice or other lawful firearm uses.
(c) A violation of this section is a class E felony.
(d) A person may not be convicted of both a violation of this section and reckless endangering in the first degree, or both a violation of this section and reckless endangering in the second degree, with regard to the same conduct.
SYNOPSIS This Act creates the crime of discharging a firearm at a dwelling, place of worship, vehicle, or place of business. The offense is a class E felony. The offense contains a provision that provides that a person may not be convicted of both a violation of this section and reckless endangering 1st or 2nd with regard to the same conduct. It also exempts a shooting range from the businesses covered by the statute.
SYNOPSIS
This Act creates the crime of discharging a firearm at a dwelling, place of worship, vehicle, or place of business. The offense is a class E felony.
The offense contains a provision that provides that a person may not be convicted of both a violation of this section and reckless endangering 1st or 2nd with regard to the same conduct. It also exempts a shooting range from the businesses covered by the statute.