[HISTORY: Adopted by the Commissioners of the Town of Henlopen Acres 7-9-1976. Amendments noted where applicable.]
It shall be unlawful for any person to carry or use a cannon, gun, pistol, revolver or firearm of any description, a shotgun or rifle which may be used for the explosion of bullets and cartridges, or any air gun, BB gun, gas-operated gun or spring-operated gun within the corporate limits of the Town of Henlopen Acres; provided, however, that the provisions of this chapter shall not be applicable to use of weapons under the following circumstances:
In necessary self defense.
Necessary protection of another person.
To prevent commission of a crime.
By a law enforcement officer in the necessary performance of his duty.
By a member of a recognized military unit in the necessary performance of his duty.
Pursuant to a license granted as required by law.
Necessary as an emergency measure to avoid an imminent public or private injury which is about to occur through no fault of the use of the weapon.
Any person violating any of the provisions of § 67-1 of this chapter shall be deemed guilty of a misdemeanor and upon conviction in a court of competent jurisdiction shall be fined not less than $25 nor more than $100 or imprisoned for a term of not more than 10 days, or both, and shall pay the costs of prosecution.