Town of Bethany Beach, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Bethany Beach 4-18-1972 by Ord. No. 57; amended in its entirety 5-18-2001 by Ord. No. 354 (Ch. 122 of the 1992 Code). Subsequent amendments noted where applicable.]

§ 247-1 Discharge restricted.

It shall be unlawful for any person to discharge any firearm, bow and arrow, slingshot, BB guns, gas-operated gun or spring-operated guns within the corporate limits of the Town of Bethany Beach; provided, however, that the provisions of this chapter shall not apply to any person in the defense of his or her life nor to any police officer in the lawful pursuit of his or her duties.

§ 247-2 Violations and penalties.

[Amended 2-17-2006 by Ord. No. 407]
Any person found guilty of violating any of the provisions of this chapter shall pay such fine as set out in Chapter 1, General Provisions, Article I, Penalties.

§ 247-3 Possession of firearms, ammunition, components of firearms, or explosives in municipal buildings and police stations prohibited.

[Added 11-20-2015 by Ord. No. 520]
A. 
Prohibition. Except as set forth in Subsection E below, possession of firearms, ammunition, components of firearms, or explosives in municipal buildings and police stations is prohibited in all municipal buildings and police stations.
B. 
"Municipal building" defined. For purposes of this section, "municipal buildings" are defined as any building where the Town meets in its official capacity, or any building containing the offices of elected officials and of public employees actively engaged in performing governmental business, but excludes any parking facility. The definition of "municipal building" also includes any non-Town-owned or leased building where the Town is meeting in or occupying such a building, but only during the time that the Town is meeting in or occupying such a building.
C. 
Required signs. In all municipal buildings and police stations, a conspicuous sign shall be posted at each entrance stating that the possession of firearms, ammunition, components of firearms, or explosives are prohibited. Such sign may but is not required to also state that persons in violation may be denied entrance to the building or be ordered to leave the building.
D. 
Immediate departure. Any person who immediately foregoes entry or immediately exits any municipal building or police station due to the possession of a firearm, ammunition, components of firearms, or explosives shall not be guilty of violating this section.
E. 
Exemptions. Nothing in this section § 247-3 shall be deemed to prevent the following in municipal buildings or police stations:
(1) 
Possession of firearms, components of firearms, and ammunition or explosives by law enforcement officers;
(2) 
Law enforcement agencies receiving shipments or delivery of firearms, components of firearms, ammunition, or explosives;
(3) 
Law enforcement agencies conducting firearms safety and training programs;
(4) 
Law enforcement agencies conducting firearm or ammunition public safety programs, donation, amnesty, or any other similar programs in police stations or municipal buildings;
(5) 
Compliance by persons subject to protection from abuse court orders;
(6) 
Carrying firearms and ammunition by persons who hold a valid license pursuant to either § 1441 or § 1441A of Title 11 of the Delaware Code, so long as the firearm remains concealed except for inadvertent display or for self defense or defense of others;
(7) 
Carrying firearms and ammunition by officers or employees of the United States duly authorized to carry a concealed firearm; or
(8) 
Carrying firearms and ammunition by agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property and are engaged in the lawful execution of such duties.
F. 
Penalties. As necessary to protect public safety, any intentional violation of this section § 247-3 by any person shall be subject to a fine of at least $500 and not to exceed $1,000.