[Adopted 10-8-2015 by Ord. No. 604]
Except as set forth in § 99-18 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.
For purposes of this article, "municipal buildings" are defined
as any building where the Town of Elsmere 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-of-Elsmere-owned or leased building where
the Town of Elsmere is meeting in or occupying such a building, but
only during the time that the Town of Elsmere is meeting in or occupying
such a building.
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.
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 article.
Nothing in this article shall be deemed to prevent the following
in municipal buildings or 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 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.
As necessary to protect public safety, any intentional violation
of this article of the code by any person shall be subject to a fine
of at least _____ and not to exceed _____, or by imprisonment for
not more than __________, or by both fine and imprisonment.
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 Town of Elsmere 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 Town of Elsmere's intent. To the extent that this article
is deemed to exceed the statutory authorization provided by HB 192,
the Town of Elsmere's intent is to implement the provisions of
HB 192 to the fullest extent permitted, and the 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.
