Understanding Weapons Offenses in Delaware (Part 1 of 2)

The State of Delaware has strict laws when it comes to the illegal possession of weapons. Individuals with weapons must have proper licenses to carry those weapons. If you’re found in possession of a weapon and you don’t have a license, you will face serious prison time. In this article, the Wilmington, Delaware, criminal defense lawyers at the Law Office of Michael W. Modica will give a broad overview of weapons crimes in the State of Delaware.

Carrying a Concealed Deadly Weapon

Delaware law makes it illegal to carry a concealed deadly weapon. This includes any deadly weapon, not just guns. It can include knives larger than a pocket knife, or any other instrument that is used primarily for the purposes of causing injury. Openly carrying a deadly weapon, on the other hand, is not illegal. In firearms cases, having a license is a complete defense to Carrying a Concealed Deadly Weapon.

It is a class G felony to be caught carrying a concealed weapon. You can face up to 12 months in jail. If the deadly weapon is a firearm, then it’s classified as a class D felony. For a first offense, you can face a maximum of two years in jail. The charges also become aggravated if the offense occurs in a school zone. If the defendant is a student, they can be expelled for a minimum of 180 days.

Carrying a Concealed Dangerous Instrument

A “dangerous instrument” is anything that you use or threaten to use that can cause death or serious physical injury. For example, a hammer can be considered a “dangerous instrument” if you use it to strike someone in the head while hiding it in your coat. The crime is considered a class A misdemeanor. You can go to jail for a maximum of one year and pay up to a $2300 fine. Sentencing guidelines call for up to a year of probation.

Unlawfully Dealing with a Dangerous Weapon

You can be charged with this crime if you:

• Have an air rifle that shoots anything larger than a BB (misdemeanor)
• Give a BB gun to a child under the age of 16 without parental permission (misdemeanor)
• Allow an unsupervised child to have a BB gun (misdemeanor)
• Sell or give ammunition to a minor under 18 without their parents’ permission (class G felony)
• Sell or give a firearm to an individual when you know they’re going to commit a felony or a drug offense (class E felony)

Those convicted of a class G felony face a recommended sentence of six months in jail. Those convicted of a class E felony face a recommended sentence of 15 months in jail.

Possession of a Deadly Weapon During the Commission of a Felony

This is a separate crime from possessing a firearm during the commission of a felony. The weapon must be accessible during the commission of the felony. A defendant can also be convicted as an accomplice if their co-defendant possessed a deadly weapon. This crime is a class B felony with a presumptive sentence of 2 to 5 years in prison. The sentence cannot be served concurrently with the underlying felony. You cannot be paroled for this crime.

Talk to a Wilmington, DE Weapons Charges Lawyer Today

Michael W. Modica represents the interests of individuals charged with weapons crimes in Delaware. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.