CHAPTER 373

FORMERLY

HOUSE BILL NO. 679

AN ACT TO AMEND CHAPTER 7, TITLE 7 OF THE DELAWARE CODE RELATING TO THE DISCHARGE OF FIREARMS ON OR NEAR PUBLIC ROADS AND PUBLIC RIGHTS-OF-WAY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Section 726, Chapter 7, Title 7 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§726. Discharge of firearms on or near public roads and Public rights-of-way: penalty

No person, except in lawful self-defense, shall discharge any firearm while on or within 15 yards of a public road or right-of-way -unless it is a road or right-of-way within an area controlled by the Department of Natural Resources and Environmental Control, The Department of Agriculture of the State of Delaware, or the United States Department of the Interior and is designated by the respective department as an area open to hunting or trapping.

No person shall shoot at any wild bird or wild animal while it is on a public road, nor shall any person shoot across a public road or right-of-way at any wild bird or wild animal.

A person found guilty of violating this section shall be fined not less than $100, nor more than $300, or shall be imprisoned for not more than 90 days, or both. Justice of the Peace shall have Jurisdiction of offenses under this section."

Approved July 17, 1984.