City of Lewes, DE
Sussex County
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Table of Contents
Table of Contents
[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.
[1]
Editor's Note: Former § 97-4, Rifle ranges, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
[1]
Editor's Note: This ordinance also redesignated former § 97-7 as § 97-8.
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.