State Weapon Free School Zones

Delaware law prohibits Possession of a Weapon in a Safe School and Recreation Zone. This law expands the federal law by prohibiting other weapons in addition to firearms and by expanding the definition of a school. This statute requires first an underlying weapons offense, and second, that the possession occur in a safe school zone. The School Zone is defined much more broadly in the State statute than in the Federal Statute.

The statute also expands the definition of a deadly weapon to include BB guns and disabling chemical sprays.

If the offense is committed by a student, the student must be expelled for a period of not less than 180 days unless otherwise provided for in federal or state law.

11 Del. C. Section 1457 states in full: Click here to view the statute

Other Weapon Statutes

Juvenile Possession of a Handgun

All juveniles are persons prohibited from possessing handguns, except for the purpose of engaging in lawful hunting, instruction, sporting or recreational activities while under the direct or indirect supervision of an adult. Juveniles who are 14 years or older who are found guilty of violating this prohibition will be sentenced to a minimum mandatory incarceration of 6 months.