CHAPTER 422

FORMERLY

HOUSE BILL NO. 558

AN ACT TO AMEND CHAPTER 5, TITLE 11 OF THE DELAWARE CODE PROVIDING CERTAIN PUNISHMENTS UPON CONVICTION FOR THE CRIME OF POSSESSION OF A DEADLY WEAPON BY A PERSON PROHIBITED AND RELATING TO THE DEFINITION THEREOF.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §1448, Chapter 5, of Title 11 by deleting present §1448 of Title 11 in its entirety and substituting in lieu thereof, the following:

"§1448. Possession and Purchase of Deadly Weapons by Persons Prohibited: Class F Felony,

(a) Except as otherwise provided herein, the following persons are

prohibited from purchasing, owning, possessing, or controlling a deadly weapon within the State of Delaware:

(1-) Any person having been convicted in this State or elsewhere of a felony or a crime of violence involving physical injury to another, whether or not armed with or having in his possession any weapon during the commission of such felony or crime of violence;

(a) Any person who has ever been committed for a mental disorder to any hospital, mental institution, or sanitarium, unless he possesses a certificate of a medical doctor or psychiatrist licensed in this State that he is no longer suffering from a mental disorder which interferes or handicaps him from handling deadly weapons;

(2) Any person who has been convicted for the unlawful use,
possession or sale of a narcotic, dangerous drug, or central nervous system depressant or stimulant as those terms were defined prior to the effective date of the Uniform Control Substances Act in June 1973 or of a narcotic drug or controlled substance as defined in Chapter 46 or Title 16; or

(3) Any person who, as a juvenile, has been adjudicated as
delinquent for conduct which, if committed by an adult, would constitute a felony, unless and until that person has reached his twenty—fifth birthday.

(b) Any prohibited person as set forth in Subsection (a) hereof who knowingly possesses, purchases, owns, or controls a deadly weapon while so prohibited shall be guilty of possession of a deadly weapon by a person prohibited.

(c) Possession of a deadly weapon by a person prohibited is a Class F felony.

(d) Any person who is a prohibited person solely as the result of a conviction for an offense which is not a felony shall not be prohibited from purchasing, owning, possessing, or controlling a deadly weapon if five years has elapsed from the date of conviction."

Approved July 21, 1992.