CHAPTER 313

FORMERLY

HOUSE BILL NO. 524

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION OF FIREARMS BY CERTAIN PROHIBITED INDIVIDUALS.

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

Section 1. Amend Section 1448, Title 11, Delaware Code by adding to subsection (c) thereof the following:

unless said deadly weapon is a firearm, in which case it is a class D Felony."

Section 2. Amend Section 1448, Title 11, Delaware Code by adding thereto a new subsection, said new subsection to be designated as subsection (e) to read as follows:

"(e) Any person who is a prohibited person as described in this

section because of a conviction for a felony involving physical injury or violence to another, or because of a conviction for a felony involving conduct as described in paragraph (3) of subsection (a) of this section, and who knowingly possesses, purchases, owns or controls a firearm while so prohibited shall receive a minimum sentence of 1 year of Level V. Any sentence imposed pursuant to this subsection shall not be subject to the provisions of sections 4205(b) and 4215 of this title."

Approved July 8, 1994.