Chapter 99

FIREARMS AND WEAPONS

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere: Art. I, 12-3-1953 as Ord. No. 49; Art. II, 3-6-1958 as Ord. No. 64; Art. III, 12-11-1986 as Ord. No. 208; Art. IV, 4-13-1993 as Ord. No. 297. Amendments noted where applicable.]

ARTICLE I

Shooting Ranges

[Adopted 12-3-1953 as Ord. No. 49]

~ 99-1. Firing of guns.

  Firing of guns shall be permitted in building or buildings provided by a legally constituted organization upon application and approval of same by the Town Council.

ARTICLE II

Bows and Arrows

[Adopted 3-6-1958 as Ord. No. 64]

~ 99-2. Regulation of discharge; exceptions.

  No person shall, within the town limits of the Town of Elsmere, discharge any bow and arrow unless such arrows are provided with rubber suction cups on the tips thereof. This Article shall not be construed to prohibit possession of archery equipment for use at an authorized, supervised archery range. Such authorization shall be obtained from the Town Council of Elsmere.

~ 99-3. Violations and penalties.

  Upon conviction of violation of this Article before the Mayor and the Town of Elsmere, any person shall be fined not less than ten dollars ($10.) nor more than twenty-five dollars ($25.).

ARTICLE III

Stun Guns and Taser Guns

[Adopted 12-11-1986 as Ord. No. 208]

~ 99-4. Manufacture, possession prohibited.

  It shall be unlawful for any person to manufacture, make, deliver, transport, trade, give, sell, purchase or possess a stun gun or taser gun.

~ 99-5. Definitions.

  As used in this Article, the following terms shall have the meanings indicated:

           STUN GUN -- Any battery-powered, pulsed electrical device of high voltage and low or no amperage which, when pressed against a person, can disrupt the central nervous system and cause temporary loss of voluntary muscle control of such person.

          TASER GUN -- Any device contained in a package which permits it to be hand-held, containing an electrical supply unit, and into which an expandable plastic cassette may be inserted and which operates by shooting or projecting a ball, net or dart carrying fine wires from the package to the target and which, upon hitting a person, can send out current capable of disrupting the person's nervous system in such a manner as to render the person incapable of functioning normally.

~ 99-6. Exemptions.

  Exempt from this section shall be any law enforcement officer while performing his or her lawful duties within the Town of Elsmere and those selling to any law enforcement officer while performing his or her lawful duties within the Town of Elsmere.

~ 99-7. Violations and penalties.[1]

  A conviction of violation of this section shall be punishable by a fine of not less than five hundred dollars ($500.) or imprisonment not exceeding six (6) months, or both.

ARTICLE IV

Discharge of Firearms

[Adopted 4-13-1993 as Ord. No. 297]

~ 99-8. Discharging firearms.

  No person shall fire or discharge within the town limits of Elsmere any rifle, gun, pistol, revolver, cannon or other appliance, whether, projecting or exploding a bullet, cartridge or blank cartridge.

~ 99-9. Exemptions.

  The following are exempt from the provisions of this Article:

     A.   Any peace officer in the regular discharge of their duties.

     B.   Any certified indoor range and/or rifle club within the Town of Elsmere.

~ 99-10. Violations and penalties.

  Any person who violates this Article shall be fined not less than the sum of fifty dollars ($50.), or more than the sum of two hundred dollars ($200.), or be imprisoned not less than ten (10) days or more than thirty (30) days, or both. In any prosecution for a violation of this Article, justification, as defined in 11 Delaware Code, ~~ 462 through 471, shall be a defense.