CHAPTER 324

AN ACT TO AMEND TITLE 11, SUBCHAPTER XVI, DELAWARE CODE, RELATING TO DEADLY WEAPONS AND FIREARMS, BY ADDING A NEW SECTION MAKING IT A FELONY TO POSSESS CERTAIN FIREARMS DURING THE COMMISSION OF ANOTHER FELONY, AND PROVIDING THAT ANYONE OVER THE AGE OF 16 YEARS SO ACCUSED SHALL BE TRIED AS AN ADULT.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 11, Subchapter XVI, is hereby amended by adding a new section to be designated "§ 469" as follows:

§ 469. Possession of a deadly firearm during commission of a felony

(a) Any person found to have had in his possession during the commission of a felony within the State any shotgun, rifle, pistol, revolver, zip gun, or other firearm or weapon capable of firing a missile or projectile with sufficient force to cause death or serious bodily injury shall be guilty of a felony and shall be imprisoned not less than 5 years nor more than 30 years and fined as the court in its discretion may prescribe.

(b) The minimum sentence of imprisonment required by subsection (a) shall not be subject to suspension and no person convicted under this section shall be eligible for probation or parole during the first 5 years of his sentence.

(c) Every person charged under this section over the age of 16 years shall be tried as an adult, notwithstanding any contrary provision of statutes governing the respective Family Courts or any other State law.

Approved June 21, 1968.

NOTE: This Act has been codified as § 468 (a), Title 11, Delaware Code.