[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.]
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.
[Amended 2-17-2006 by Ord. No. 407]
[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.
