New Castle County Council wil be making two changes regarding Firearms. The first is regarding "County State of Emergency" the second is regarding "Posession of Firearms in NCC Parks".
This Ordinance will be introduced on 9/22/09 and Voted on 10/13/09.
Attached is a copy of the ordinance. Please call your County Council person and ask them to vote in favor of these changes.
ORDINANCE NO. 09 -
AMENDING NEW CASTLE COUNTY CODE CHAPTER 10 (CIVIL EMERGENCIES)
AND CHAPTER 24 (PARKS AND RECREATION)
REGARDING POSSESSION OF FIREARMS
WHEREAS, during the state of emergency declared after Hurricane Katrina, local and
state authorities in and around New Orleans, LA were allegedly ordered to confiscate arms from
law abiding citizens who were either relying upon those arms for the defense of self, family or
home or were in the process of removing those arms from a place of danger to a place of safety so
as to deprive the criminal element then present access to those arms; and
WHEREAS, in response to such unlawful conduct by such local and state authorities, the
State of Delaware, as well as many other jurisdictions, enacted clarifying legislation to ensure that
the declaration of a state of emergency can never be used as an excuse to infringe upon a citizen’s
constitutional right to bear arms; and
WHEREAS, to this end, the County desires to amend the New Castle County Code (“the
Code”) by clarifying that any restraints imposed during a County state of emergency cannot
infringe upon the constitutional right to keep and bear arms for the defense of self, family, home,
and State; and
WHEREAS, the State of Delaware prohibits the County from enacting any “law or
regulation prohibiting, restricting or licensing the ownership, transfer, possession or
transportation of firearms or components of firearms or ammunition except that the discharge of
a firearm may be regulated; provided any law, ordinance or regulation incorporates the
justification defenses as found in Title 11 of the Delaware Code”. 9 Del. C. § 330(c); and
WHEREAS, in 1973 the County adopted legislation prohibiting possession of a BB gun,
air rifle, pistol, firearm, bow and arrow, or any other type of lethal weapon in any park (Ord. No.
73-3, § 1) and extended such prohibition to paint ball guns in 1998 (Ord. No. 98-050, §1); and
WHEREAS, in order to comport with State law, the County desires to amend the County
Code by removing the prohibition on the possession of a firearm and adding language regarding
the exception for discharge; and
WHEREAS, Council finds that the provisions of this ordinance are rationally and
reasonably related to legitimate government interests, including, but not limited to, the
protection and preservation of the public health, safety, prosperity, general welfare and quality of
life.
NOW, THEREFORE, THE COUNTY OF NEW CASTLE HEREBY ORDAINS:
Section 1. New Castle County Code Chapter 10 (Civil Emergencies), Article 2 (County
State of Emergency), Section 10.02.001 (Issuance of proclamations; imposition of restraints) is
hereby amended by deleting the stricken material and adding the material that is underscored, as
set forth below.
Wrd/tansey/ possession of firearms/ ord (9-2-09)
Emergencies and Firearms
Sec. 10.02.001. Issuance of proclamations; imposition of restraints.
Upon a determination by the County Executive that there is a clear and present danger to the
health, life or safety of the people or property in any part of the County, the County Executive
may issue a proclamation declaring a state of emergency and may impose such restraints and
requirements, including but not limited to periods of curfew or limitations upon the congregating
of persons in streets, roads, parks or public open spaces [or limitations upon the carrying or
stockpiling of firearms, weapons or ammunition] as in his or her judgment are proper in order to
protect and preserve the health, life and safety of the people and property in the County. During
an emergency or disaster: (1) Nothing contained in this section shall be construed as granting the
power to suspend or limit the right of law abiding citizens to keep and bear arms for defense of
self, family, home and State as guaranteed by Article I, § 20 of the Delaware Constitution; and (2)
Nothing contained in this section shall prevent law-abiding citizens, during such emergency or
disaster, from taking reasonable steps to safeguard their arms from destruction, looting or theft,
including but not limited to their removal of such items from areas of danger to locations of
relative safety.
Section 2. Section 24.01.014 (Possession of certain knives; discharge of weapons) of the
New Castle County Code Chapter 24 (Parks and Recreation) is hereby amended by the deletion of
the stricken text and the addition of the underlined text set forth below:
Sec. 24.01.014. Possession of certain knives; discharge of weapons.
No person shall carry a knife upon his or her person having a blade three (3) inches or
longer in length or [have possession of or] discharge a BB gun, air rifle, pistol, firearm,
paint ball gun, bow and arrow or any other type of lethal weapon in any park except in
defense where justified as provided in 11 Del. C. § 464, or its successor.
Section 3. This ordinance shall become effective immediately upon passage by New
Castle County Council and approval of the County Executive or as otherwise provided in 9 Del.
C. § 1156.
Adopted by County Council of
New Castle County on:
_________________________
President of County Council of
New Castle County
Approved on:
______________________
County Executive
New Castle County
