Delaware Concealed Carry Forum

State News & Gun News => Delaware News => Topic started by: Pavia on July 11, 2022, 01:39:41 AM

Title: 22 air rifle
Post by: Pavia on July 11, 2022, 01:39:41 AM
So an air rifle in .22 caliber that it used almost exclusively to hunt small game is now banned in Delaware as part of this unconstitutional legislation? Can anyone explain why?
Title: Re: 22 air rifle
Post by: Clarence on July 11, 2022, 11:23:59 AM
I believe any air rifle over .177 has been banned for many years in Delaware. 

There has been a bill to legalize but has never made it though both houses
Title: Re: 22 air rifle
Post by: TwistedKarma on July 11, 2022, 09:44:06 PM
Just 2 years ago?  A 22 air gun became legal


So what in new law changed that?
Title: Re: 22 air rifle
Post by: Clarence on July 11, 2022, 10:53:43 PM
Here is the law.  This is part of title 11.  Not only is an air rifle over BB ( .177) illegal, so is the ammo for it.
See 1a and 1b.
Maybe this needs to be challenged as it clearly violates Article 20

§ 1445. Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; class E or G felony.
A person is guilty of unlawfully dealing with a dangerous weapon when:

(1) The person possesses, sells or in any manner has control of:

a. A weapon which by compressed air or by spring discharges or projects a pellet, slug or bullet, except a BB or air gun which does not discharge or project a pellet or slug larger than a BB shot; or

b. A pellet, slug or bullet, intending that it be used in any weapon prohibited by paragraph (1)a. of this section; or

(2) The person sells, gives or otherwise transfers to a child under 16 years of age a BB or air gun or spear gun or BB shot, unless the person is that child’s parent or guardian, or unless the person first receives the permission of said parent or guardian; or

(3) Being a parent, the person permits the person’s child under 16 years of age to have possession of a firearm or a BB or air gun or spear gun unless under the direct supervision of an adult; or

(4) The person sells, gives or otherwise transfers to a child under 18 years of age a firearm or ammunition for a firearm, unless the person is that child’s parent or guardian, or unless the person first receives the permission of said parent or guardian; or

(5) The person sells, gives or otherwise transfers a firearm to any person knowing that said person intends to commit any felony, class A misdemeanor or drug related criminal offense while in possession of said firearm.

Unlawfully dealing with a firearm or dangerous weapon is an unclassified misdemeanor, unless the person is convicted under paragraph (4) of this section, in which case it is a class G felony, or unless the person is convicted under paragraph (5) of this section, in which case it is a class E felony.