CHAPTER 455

PROHIBITING SALE OF SWITCHBLADE KNIVES

AN ACT TO PROHIBIT THE SELLING, OFFERING FOR SALE OR POSSESSION OF KNIVES WHOSE BLADE IS RELEASED BY A SPRING MECHANISM INCLUDING KNIVES KNOWN AS "SWITCHBLADES"; AUTHORIZING THE SEIZURE, CONFISCATION AND DESTRUCTION THEREOF; AND PROVIDING PENALTIES.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each Branch, thereof concurring therein):

Section 1. That it shall henceforth be unlawful for any person, firm or corporation to sell, offer for sale, or have in his or its possession any knife where the blade is released by a spring mechanism including knives known as "switchblades", anywhere in this State.

Section 2. DEFINITIONS

"Person" means any individual, partnership, association or corporation. Whenever used in any clause prescribing or imposing a penalty, the term "person" as applied to partnerships or associations, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.

Section 3. CONFISCATION

Any police officer, whether State or County, is hereby authorized to seize, remove, confiscate and destroy any knife where the blade is released by spring mechanism including knives known as "switchblades".

Section 4. PENALTIES

(a) Any person, firm or corporation violating any of the provisions of this Act shall be subject to a fine of not more than One Hundred Dollars ($100.00), or by imprisonment for not more than thirty days, or by both such fine and imprisonment.

(b) Justices of the Peace shall have jurisdiction over this offense.

Approved July 14, 1955.