(a) (1) A person is guilty of unsafe storage of a firearm when the person intentionally or recklessly stores or leaves a loaded firearm within the reach or easy access of an unauthorized person, the unauthorized person obtains the firearm, and all of the following do apply:
a. The firearm was not stored in a locked box or container.
b. The firearm was not disabled with a tamper-resistant trigger lock which was properly engaged so as to render the firearm inoperable by a person other than the owner or other lawfully-authorized user.
c. The firearm was not stored in a location that a reasonable person would have believed to be secure from access by an unauthorized person.
d. The unauthorized person did not obtain the firearm as the result of an unlawful entry by any person.
(2) For the purposes of this section:
a. “Stores or leaves” does not mean when the firearm is carried by or under the control of the owner or other lawfully-authorized user.
b. “Unauthorized person” means a child or person prohibited by state or federal law from owning or possessing a firearm.
(b) [Repealed.]
(c) (1) Unsafe storage of a firearm is a class B misdemeanor if paragraphs (c)(2)a., b., or c. of this section do not apply.
(2) Unsafe storage of a firearm is a class A misdemeanor if the unauthorized person does any of the following:
a. Commits or attempts to commit a crime with the firearm.
b. Uses the firearm to inflict serious physical injury or death upon any person, including the unauthorized person.
c. Transfers or attempts to transfer the firearm to another unauthorized person.
(d) The Superior Court has jurisdiction over an offense under this section.
(e) It is not an offense under this section if the firearm was manufactured in or before the year 1899 or is a replica of such firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Subchapter VII. Offenses Against Public Health, Order and Decency
§ 1301. Disorderly conduct; unclassified misdemeanor.
§ 1303. Disorderly conduct; funeral or memorial service.
§ 1305. Desecration; class A misdemeanor.
§ 1306. Cross or religious symbol burning; class A misdemeanor.
§ 1307. Civil remedies for violations of hate crimes and related offenses.
§ 1308. Hate crime reporting requirement.
§ 1309. Deprivation of Civil Rights.
§ 1311. Harassment; class A misdemeanor.
§ 1312. Stalking; class G felony, class F felony, class C felony.
§ 1313. Malicious interference with emergency communications; class B misdemeanor.
§ 1315. Public intoxication; unclassified misdemeanor; violation.
§ 1316. Registration of out-of-state liquor agents; violation.
§ 1320. Loitering on property of a state-supported school, college or university; violation.
§ 1322. Criminal nuisance; unclassified misdemeanor.
§ 1323. Obstructing public passages; violation.
§ 1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor.
§ 1325. Cruelty to animals; class A misdemeanor; class F felony.
§ 1326. Animals; fighting and baiting prohibited; class E felony.
§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor.
§ 1330. Smoking on trolleys and buses.
§ 1332. Abusing a corpse; class A misdemeanor.
§ 1333. Trading in human remains and Associated Funerary Objects.
§ 1335. Violation of privacy; class A misdemeanor; class G felony.
§ 1337. Definitions relating to riot, disorderly conduct and related offenses.
§ 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony.
§ 1339. Adulteration; class G felony; class E felony; class A felony.
§ 1341. Lewdness; class B misdemeanor.
§ 1342. Prostitution; class B misdemeanor.
§ 1343. Patronizing a prostitute prohibited.
§ 1344. Prostitution and patronizing a prostitute; no defense.
§ 1345. Screening for sexually transmissible diseases.
§ 1351. Promoting prostitution in the third degree; class F felony.
§ 1352. Promoting prostitution in the second degree; class E felony.
§ 1353. Promoting prostitution in the first degree; class C felony.
§ 1354. Promoting prostitution; attempt to promote prostitution; corroboration.
§ 1355. Permitting prostitution; class B misdemeanor.
§ 1356. Definitions relating to prostitution.
§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.
§ 1363. Obscenity; presumption.
§ 1364. Definition of obscene.
§ 1365. Obscene literature harmful to minors; class A misdemeanor.
§ 1366. Outdoor motion picture theaters.
§ 1401. Advancing gambling in the second degree; class A misdemeanor.
§ 1402. Foreign lotteries; prima facie evidence; class A misdemeanor.
§ 1403. Advancing gambling in the first degree; class A misdemeanor.
§ 1404. Providing premises for gambling; class A misdemeanor; unclassified misdemeanor.
§ 1405. Possessing a gambling device; class A misdemeanor.
§ 1406. Being concerned in interest in keeping any gambling device; class A misdemeanor.
§ 1407. Engaging in a crap game; violation.
§ 1408. Merchandising plans are not gambling.
§ 1408A. Savings promotion raffle not gambling.
§ 1409. Exemption of law-enforcement officer.
§ 1411. Unlawfully disseminating gambling information; class A misdemeanor.
§ 1413. Exemption for operations of lottery under State control.
§ 1421. Obstructions; service of notice.
§ 1425. Findings of Court; order for removal.
§ 1426. Official removal upon noncompliance with removal order.
§ 1427. Collection of removal expenses; status of contractor; amount of lien.
§ 1428. Maintaining an obstruction; class A misdemeanor; a violation.
§ 1431. Telephone messages received or overheard by police as evidence.
§ 1432. Gambling; definitions.
§ 1441. License to carry concealed deadly weapons.
§ 1442. Carrying a concealed deadly weapon; class G felony; class D felony.
§ 1443. Carrying a concealed dangerous instrument; class A misdemeanor.
§ 1444. Possessing a destructive weapon; class E felony.
§ 1446. Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
§ 1447. Possession of a deadly weapon during commission of a felony; class B felony.
§ 1447A. Possession of a firearm during commission of a felony; class B felony.
§ 1448A. Background checks for sales of firearms.
§ 1448B. Background checks for sales of firearms — Unlicensed persons.
§ 1448C. Civil procedures to relinquish firearms or ammunition.
§ 1449. Wearing body armor during commission of felony; class B felony.
§ 1450. Receiving a stolen firearm; class F felony.
§ 1451. Theft of a firearm; class F felony.
§ 1452. Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
§ 1453. Unlawfully dealing with martial arts throwing star; class B misdemeanor.
§ 1454. Giving a firearm to person prohibited; class F felony.
§ 1455. Engaging in a firearms transaction on behalf of another; class E felony; class C felony.
§ 1456. Unsafe storage of a firearm; class A or B misdemeanor.
§ 1458. Removing a firearm from the possession of a law-enforcement officer; class C felony.
§ 1459. Possession of a weapon with a removed, obliterated or altered serial number.
§ 1459A. Possession of an unfinished firearm frame or receiver with no serial number.
§ 1460. Possession of firearm while under the influence.
§ 1461. Report of loss, theft of firearm.
§ 1462. Covert or undetectable firearms; class E or D felony.
§ 1463. Untraceable firearms; class E or D felony.
§ 1465. Definitions related to assault weapons.
§ 1467. Voluntary certificate of possession.
§ 1468. Definitions related to large-capacity magazines.
§ 1469A. Possession of a large-capacity magazine during the commission of a felony; class B felony.