CHAPTER 312

FORMERLY

HOUSE BILL NO. 412

AS AMENDED BY HOUSE AMENDMENT NOS. 1, 2 AND 3

AN ACT TO AMEND TITLE 11, DELAWARE CODE RELATING TO THE UNLAWFUL TRANSFER OF FIREARMS AND DANGEROUS WEAPONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1445, Title 11 of the Delaware Code by striking to

subsection (2) thereof, and substituting in lieu thereof the following:

"(2) He sells, gives or otherwise transfers to a child under 16 years of age a B.B. or air gun or spear gun or B.B. shot, unless he is that child's parent or guardian, or unless he first receives the permission of said parent or guardian; or

Section 2. Amend § 1445, Title 11 of the Delaware Code by adding thereto the following new subsections, said new subsections to read as follows:

"(4) He sells, gives or otherwise transfers to a child under 18 years of age a firearm or ammunition for a firearm, unless he is that child's parent or guardian, or unless he first receives the permission of said parent or guardian.

(5) He sells, gives or otherwise transfers a firearm to any person knowing that said person intends to commit any felony, Class A misdemeanor or drug related criminal offense while in possession of said firearm."

Section 3. Amend § 1445, Title 11 of the De/aware Code by striking the last paragraph thereof, and by replacing said paragraph with the following:

"Unlawfully dealing with a firearm or dangerous weapon is an unclassified misdemeanor, unless the person is convicted under paragraph (4) of this Section, in which case it is a Class G felony, or unless the person is convicted under paragraph (5) of this Section, in which case it is a Class E felony."

Approved July 8, 1994.