[Amended 7-9-1999 by Ord.
No. 99-1]
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:
A. In necessary self defense.
B. Necessary protection of another person.
C. To prevent commission of a crime.
D. By a law enforcement officer in the necessary performance
of his duty.
E. By a member of a recognized military unit in the necessary
performance of his duty.
F. Pursuant to a license granted as required by law.
G. 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.
[Amended 4-9-2021]
Any person violating any of the provisions 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
$100 nor more than $500 or imprisoned for a term of not more than
10 days, or both, and shall pay the costs of prosecution.