[HISTORY: Adopted by the City Council of the City of Lewes 5-12-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 140.
No person shall, except in necessary defense of person or property,
use any pistol, revolver, rifle, shotgun, gun, air rifle, CO2 pistol, air gun, bow and arrow, slingshot or any firearm
or weapon from which a shot or other is discharged, within the City
of Lewes, except as herein provided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall, except in necessary defense of person or property,
fire or discharge any pistol or revolver, rifle, shotgun, gun, air
rifle, CO2 pistol, air gun, bow and arrow,
slingshot or any firearm or weapon from which a shot or other object
is discharged, within the City of Lewes, except in hunting season
or during regular hunting season while actually hunting on his or
her own property or on the property of another where he has obtained
permission from the owner. It shall be lawful for properly licensed
persons to hunt, pursue, chase, shoot or take wild birds and wild
animals, reptiles, amphibians or frogs within the City of Lewes, provided
that such person or persons are in complete compliance with all game
laws and fish laws of the State of Delaware.
Pistols, revolvers, rifles, shotguns, air rifles, CO2 pistols, air guns, bows and arrows and slingshots shall be deemed to be used within the terms of this chapter if they are carried, loaded or discharged by any person, except as permitted in § 97-2, or where a permit for carrying has been issued by a county or city of the State of Delaware. The transporting of said firearms by automobile or other conveyance through the City, which firearms are not loaded and are being transported, shall not be deemed to be a violation of this section. It shall be unlawful at any time for a person or persons to hunt, shoot or otherwise attempt to take any wild bird, animal, reptile, amphibian or frog not covered by the game or fish laws of the State of Delaware.
A.
Nothing
in this chapter shall be construed to prohibit the use of rifles or
firearms by police officers or military personnel in the performance
of their duties, in target practice or any other function of their
employment, nor by any property owner hunting on his own property
in the City of Lewes.
B.
It
is unlawful for any individual to hunt or trap within 150 yards of
occupied buildings without the specific permission of the landowner,
provided that the 150 yards will extend beyond any occupied building
regardless of ownership.
The police officers of the City are hereby authorized to seize
and retain any rifle, air rifle or air gun of any description, ammunition
or pellets for the same, or any bows and arrows, slingshots, guns
or any firearms or weapons from which a shot or other object is discharged,
which shall be used, discharged or possessed within the City in violation
of this chapter, until disposition of the case.
[Added 7-13-2015[1]]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
"Municipal building" defined. For purposes of this section, "municipal
buildings" are defined as any building where the City 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-City owned or leased building where
the City is meeting in or occupying such a building, but only during
the time that the City 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 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.
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction, be subject to a fine of not
less than $25 nor more than $200 and imprisonment for a term of not
less than 10 days nor more than 30 days for the first such conviction.
For a second or subsequent conviction, any person, firm or corporation
shall, upon conviction, be subject to a fine of not less than $50
nor more than $500 and imprisonment for a term of not less than 20
days nor more than 60 days for each such conviction. Each day that
a violation of any of the provisions of this chapter continues shall
be deemed and taken to be a separate and distinct violation.