Author Topic: Pellet Gun Ordinance in New Castle County?  (Read 6311 times)

Fred023

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Pellet Gun Ordinance in New Castle County?
« on: May 31, 2012, 12:42:12 PM »
Hi Folks-
I'm looking at options to dispatch a family of ground hogs from my yard in NCC.  What are the ordinances relating to air guns firing pellets?  Thanks,

Radnor

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Re: Pellet Gun Ordinance in New Castle County?
« Reply #1 on: May 31, 2012, 01:13:34 PM »
IANAL

Quick answer is 200 yds needed for a "safe zone"

Sec. 22.03.003. - Discharge within safety zone around structures.

A. It shall be unlawful to discharge a firearm either inside or within the following distances from any structure or camp, occupied or capable of being occupied, or any barn, stable or other building or permanent facility used in connection therewith except for those owned and operated by an outdoor or partially enclosed shooting range (all distance requirements set forth below for discharging a firearm within the stated distance of structures, camps, barns, stables, or other buildings or permanent facilities not owned and operated by an outdoor partially enclosed shooting range shall remain in effect), or to discharge a firearm at a target, object, bird or animal that is within such distances:

1. North of the line created beginning at the Delaware Memorial Bridge and following Interstate 295 to its intersection with Interstate 95, thence to the Delaware-Maryland border: two hundred (200) yards.

2. South of the line created beginning at the Delaware Memorial Bridge and following Interstate 295 to its intersection with Interstate 95, thence to the Delaware-Maryland border: one hundred (100) yards.

B. The area within such distance shall be a safety zone.

Here is your "safe zone" info:
Sec. 22.03.004. - Exemptions to safety zone.

Section 22.03.003 shall not apply:

A. Inside one's own home or residence.
B. Inside one's own place of business.
C. Inside the home, residence or place of business of another when the owner, occupant or agent has given permission.
D. At an outdoor or partially enclosed shooting range that has:

1. A safe impact area.
2. Effective control of the shooters.
3. Reasonable means to restrict access to the zone of fire and impact area.
4. Complied with all applicable laws and ordinances.
5. Been approved or sanctioned by a national organization after a formal study and investigation of the range by the organization in conjunction with the Police Department. It is not intended that any civil liability shall arise or attach to such national organization or to its state affiliate for providing the approval or sanction required by this Section.

E. To a person acting within the scope of the justification defenses provided by 11 Del. C. Ch. 4 (Defenses to Criminal Liability), or as provided in Sections 22.03.007 and 22.03.008

Now for the kicker.....  Check out the blue text below!

Sec. 22.03.007. - Exemptions generally.

Sections 22.03.001 through 22.03.006 shall not apply to State, County and Municipal Police Officers nor shall they apply to persons employed as security guards while they are traveling to and from their places of employment or acting within the scope of their employment nor shall they apply to persons duly licensed to carry concealed a deadly weapon within the State nor shall they apply within any State or federally owned hunting areas.


« Last Edit: May 31, 2012, 01:17:49 PM by Radnor »
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Fred023

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Re: Pellet Gun Ordinance in New Castle County?
« Reply #2 on: June 22, 2012, 01:59:57 PM »
Wow, so I'm ok popping a groundhog or two because I have my permit?