Except as set forth in § 116-19, possession of firearms, ammunition, components of firearms, or explosives in municipal buildings, on municipal properties and in police stations is prohibited in all municipal buildings, on municipal properties and in police stations.
As used in this article, the following terms shall have the meanings indicated:
- MUNICIPAL BUILDINGS/PROPERTIES
- Any building or property where the Town meets or owns in its official capacity, or any building or property containing the office of elected officials and/or public employees actively engaged in performing government business. The definition of "municipal building or property" also includes any non-Town-owned or -leased building or property where the Town is meeting or occupying such a building or property, but only during the time that the Town is meeting in or occupying such a building or property.
In all municipal buildings, on municipal properties and in 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 and/or property or be ordered to leave the building and/or property.
Any person who immediately forgoes entry or immediately exits any municipal building, municipal property or police station due to the possession of a firearm, ammunition, components or firearms, or explosives shall not be guilty of violating this section.
Nothing in this article shall be deemed to prevent in municipal buildings, on municipal properties or in police stations:
Possession of firearms, components of firearms, and ammunition or explosives by law enforcement officers;
Law enforcement agencies receiving shipments or delivery of firearms, components of firearms, ammunition or explosives;
Law enforcement agencies conducting firearms safety and training programs;
Law enforcement agencies conducting firearm or ammunition public safety programs, donation, amnesty, or any other similar programs in police stations or municipal buildings;
Compliance by persons subject to protection from abuse court orders;
Carrying of 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;
Carrying firearms and ammunition by officers or employees of the United States duly authorized to carry a concealed firearm; or
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.
Any person who shall violate or fail to conform to any provision of this article shall be subject to penalties under this article not exceeding $200 for each day of the violations, as well as the Town's costs and expenses, including reasonable attorney's fees, incurred to enforce the provisions of this article and/or to collect the penalties imposed hereunder. Penalties assessed for a violation of this article shall be considered civil penalties, and any action brought for the recovery of the penalties by the Town shall be brought in any civil court of competent jurisdiction.
The provisions of this article shall be severable. If any provisions of this article are found by any court of competent jurisdiction to be unconstitutional or void, the remaining provisions of this article shall remain valid, unless the court finds that the valid provisions of this article are so essentially and inseparably connected with, and so dependent upon, the unconstitutional or void provision that it cannot be presumed that the Town of Fenwick Island would have enacted the remaining valid provisions without the unconstitutional or void provision; or unless the court finds that the remaining valid provisions, standing alone, are incomplete and incapable of being executed in accordance with the Town of Fenwick Island's intent. To the extent that this article is deemed to exceed the statutory authorization provided by HB 192, the Town of Fenwick Island's intent is to implement the provisions of HB 192 to the fullest extent permitted, and this article should be interpreted so that any invalid provision is limited only to the maximum authorization permitted by HB 192.
Editor's Note: See 22 Del. C. § 111.
Adoption of this article shall in no way repeal or alter any law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or ammunition enacted before July 4, 1985. To the extent that this article conflicts with any similar ordinance prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or ammunition enacted before July 4, 1985, the more stringent of the two ordinances shall govern.