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:
A. Possession of firearms, components of firearms, and ammunition or
explosives by law enforcement officers;
B. Law enforcement agencies receiving shipments or delivery of firearms,
components of firearms, ammunition or explosives;
C. Law enforcement agencies conducting firearms safety and training
programs;
D. Law enforcement agencies conducting firearm or ammunition public
safety programs, donation, amnesty, or any other similar programs
in police stations or municipal buildings;
E. Compliance by persons subject to protection from abuse court orders;
F. 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;
G. Carrying firearms and ammunition by officers or employees of the
United States duly authorized to carry a concealed firearm; or
H. 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.
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.