CHAPTER 331

FORMERLY HOUSE BILL NO. 230

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SUBCHAPTER 1 OF CHAPTER 7, TITLE 7, DELAWARE CODE, CREATING A HUNTING SEASON DURING WHICH PRIMITIVE WEAPONS MAY BE USED.

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

Section 1. Amend Chapter 7, Section 704, Title 7, Delaware Code, by adding thereto a new subsection to be designated as subsection (g) to read as follows:

(g) Nothwithstanding any other provision of Section 704, it shall be lawful to use the muzzle loading rifle only during the primitive weapon season, as established by the Department of Natural Resources and Environmental Control, to take, pursue or attempt to take protected wildlife subject to the same requirements of law applicable to taking, pursuing or attempting to take protective wildlife by other means, except that it shall be unlawful to use the muzzle loading rifle to take, pursue or attempt to take deer during such period when it shall be lawful to do so by shotgun. No persons shall use or have in his possession or under his control while hunting any multi-projected loads (buck and ball), explosive bullets or any balls smaller than .42 caliber.

No person shall hunt, pursue, kill, take or attempt to hunt, pursue, kill or take deer during the primitive weapon season shall have in his possession while engaged therein any weapon or firearm except a muzzle loading rifle or long bow. (A muzzle loading rifle is defined as a gun which is loaded through the muzzle, having fine rifling in the barrel, shooting a round patched ball or minie ball, propelled by 100 grains or less of black powder and ignited by a piece of flint or external percussion cap having minimum bore of .42 inches and having minimum barrel length of 30 inches.)

Section 2. Upon the effective date of this Act, all statutory provisions or regulations in conflict with this Act shall be of no effect.

Approved January 24, 1972.