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Delaware General Assembly· HB 123Signed

Discharging a Firearm/Dwelling/Place of Worship/Felony, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Delaware General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SPONSOR: Rep. Chukwuocha & Sen. Brown & Rep. Cooke
                                                                          Reps. Griffith, K. Johnson, D. Short, Bolden, Carson,
                                                                          Ortega; Sen. Seigfried

                                       HOUSE OF REPRESENTATIVES
                                         153rd GENERAL ASSEMBLY

                                       HOUSE BILL NO. 123

    AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DISCHARGE OF A FIREARM.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

1   Section 1. Amend Part E, Subchapter VII, Chapter 5 of Title 11 of the Delaware Code by making deletions as

2 shown by strike through and insertions as shown by underline as follows:

3   § 1460A. Discharging a firearm at a dwelling, place of worship, vehicle, or place of business.

4   (a) It is unlawful to knowingly or intentionally discharge a firearm at any of the following:

5   (1) A dwelling.

6   (2) A place of worship.

7   (3) A vehicle.

8   (4) A place of business.

9   (b) For purposes of this section:

10  (1) “Dwelling” means as defined in § 829 of this title.

11  (2) “Place of business” means a permanent physical structure that is marked with signage and within which a

12  commercial, service, or other legal enterprise is operated. “Place of business” does not include a shooting range or

13  other business the purpose of which is to provide a venue for lawful firearm practice or other lawful firearm uses.

14  (c) A violation of this section is a class E felony.

15  (d) A person may not be convicted of both a violation of this section and reckless endangering in the first degree,

16 or both a violation of this section and reckless endangering in the second degree, with regard to the same conduct.

                                                                        SYNOPSIS

              This Act creates the crime of “discharging a firearm at a dwelling, place of worship, vehicle, or place of business.”
    The offense is a class E felony.

              The offense contains a provision that provides that a person may not be convicted of both a violation of this
    section and reckless endangering 1st or 2nd with regard to the same conduct. It also exempts a shooting range from the
    businesses covered by the statute.

    HD : KL : DS                       Page 1 of 1                          Released: 04/17/2025 10:05 AM
    0281530005
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