CHAPTER 275

AN ACT TO AMEND SECTIONS 6901 AND 6902, TITLE 16, DELAWARE CODE OF 1953 SO AS TO PERMIT AND AUTHORIZE THE SALE AND DISCHARGE OF CAPS OF A KIND AND EXPLOSIVE POWER. AS HEREIN DEFINED AND AUTHORIZED.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House of the General Assembly concurring herein):

Section 1. That Section 6901 of Title 16, Delaware Code of 1953, be and the same is amended by adding a new paragraph to said Section to read as follows:

The term "fireworks", as used in this Chapter, shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any caps or tablets or other device containing any explosive substance, except that the term "fireworks" shall not include toy pistols, toy canes, toy guns or other devices in which paper caps manufactured in accordance with the United States Interstate Commerce Commission regulations for packing and shipping of toy paper caps are used and toy pistol paper caps manufactured as provided therein, the sale and use of which shall be permitted at all times.

Section 2. That Section 6902 of Title 16, Delaware Code of 1953, be and the same is amended by striking the first sentence thereof and substituting a new first sentence in said Section to read as follows:

revolver, cane, cannon or other appliance, whether projecting or exploding any bullet, cartridge, blank cartridge, cap (except a cap excluded from the provisions hereof under the definition set forth in § 6901 of this Title) or otherwise or any explosive substance or mixture of chlorates or nitrates.

Approved May 24, 1960.