CHAPTER 360

FORMERLY

HOUSE BILL NO. 302

AN ACT TO AMEND CHAPTER 5, TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE.

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 Chapter 5, Title 11 of the Delaware Code by adding a new §1455 to read as follows:

"§1455. Unlawfully Permitting a Minor Access to a Firearm; Class A

Misdemeanor.

(a) A person Is guilty of unlawfully permitting a minor access to a firearm when he intentionally or recklessly stores or leaves a loaded firearm within the reach or easy access of a minor and where the minor obtains the firearm and uses it to inflict serious physical injury or death upon himself or any other person.

(b) It shall be an affirmative defense to a prosecution under this Section if: (1) the firearm was stored in a locked box or container or in a location which a reasonable person would have believed to be secure from access to a minor; or, (2) the minor obtains the firearm as the result of an unlawful entry by any person; or, (3) the serious physical injuries or death to the minor or any other person results from a target or sport shooting accident or hunting accident.

Unlawfully permitting a minor access to a firearm is a Class A Misdemeanor."

Approved July 12, 1994.