Be respectful of others' views and choices.
 #281  by myopicvisionary
 
Chapter 97: FIREARMS AND EXPLOSIVES
[HISTORY: Adopted by the City Council of the City of Lewes at time of adoption of Code. Amendments noted where applicable.]

GENERAL REFERENCES
Peace and good order — See Ch. 140.

§ 97-1. Use restricted.

No person shall, except in necessary defense of person or property, use any pistol, revolver, rifle, shotgun, gun, air rifle, CO2 pistol, air gun, bow and arrow, slingshot or any firearm or weapon from which a shot or other is discharged, within the City of Lewes, except as herein provided.

§ 97-2. Permitted uses.

No person shall, except in necessary defense of person or property, fire or discharge any pistol or revolver, rifle, shotgun, gun, air rifle, CO2 pistol, air gun, bow and arrow, slingshot or any firearm or weapon from which a shot or other object is discharged, within the City of Lewes, except in hunting season or during regular hunting season while actually hunting on his or her own property or on the property of another where he has obtained permission from the owner or except on an approved range provided for in § 97-4. It shall be lawful for properly licensed persons to hunt, pursue, chase, shoot or take wild birds and wild animals, reptiles, amphibians or frogs within the City of Lewes provided that such person or persons are in complete compliance with all game laws and fish laws of the State of Delaware.

§ 97-3. What constitutes use.

Pistols, revolvers, rifles, shotguns, air rifles, CO2 pistols, air guns, bows and arrows and slingshots shall be deemed to be used within the terms of this chapter if they are carried, loaded or discharged by any person, except as permitted in § 97-2, or where a permit for carrying has been issued by a county or city of the State of Delaware. The transporting of said firearms by automobile or other conveyance through the city, which firearms are not loaded and are being transported, shall not be deemed to be a violation of this section. It shall be unlawful at any time for a person or persons to hunt, shoot or otherwise attempt to take any wild bird, animal, reptile, amphibian or frog not covered by the game or fish laws of the State of Delaware.
 #290  by myopicvisionary
 
Sec. 22-31. Possession of firearms.
For and during the period of an emergency the possession of firearms or any other deadly weapon by any person at any place within the limits of the town other than the person's own place of residence or business shall be unlawful except with the express permission of the police department of the town, such provision to exclude any law enforcement officer or person acting under orders of any such law enforcement officer.
(Gen. Ords., Art. IV, Tit. 52, § 6)

Sec. 42-196. Firearms; discharge prohibited; defense; penalty.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Firearm means any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas, compressed air, and/or mechanical means, whether operable or inoperable, loaded or unloaded. The term "firearm" includes a "BB gun."
(b) Discharge prohibited. It shall be unlawful for any person to shoot or to cause the discharge of any firearm within the town limits.
(c) Justification defenses. In any prosecution for a violation of this section, justification, as defined in 11 Del. C. §§ 462--471 (as those statutes may from time to time hereafter be amended, or any future corresponding statute, shall be available as a defense.
(d) Penalty. Any person violating this section shall be guilty of a criminal violation and, upon conviction, be subject to criminal penalties as provided under section 1-11 of this Code.
(Gen. Ords., Art. IV, Tit. 38, §§ 1, 2; Ord. of 11-19-01, § 1; Ord. of 8-5-02(1), § 18)
 #302  by Wynder
 
myopicvisionary wrote:Sec. 22-31. Possession of firearms.
For and during the period of an emergency the possession of firearms or any other deadly weapon by any person at any place within the limits of the town other than the person's own place of residence or business shall be unlawful except with the express permission of the police department of the town, such provision to exclude any law enforcement officer or person acting under orders of any such law enforcement officer.
(Gen. Ords., Art. IV, Tit. 52, § 6)
Need to check Delaware's new "Katrina Bill" to see if this ordinance is now illegal...

Also -- where did you find these? They're great... I'd love to have the links for reference.
 #308  by George
 
[quote="myopicvisionary"]Chapter 97: FIREARMS AND EXPLOSIVES
[HISTORY: Adopted by the City Council of the City of Lewes at time of adoption of Code. Amendments noted where applicable.]

GENERAL REFERENCES
Peace and good order — See Ch. 140.

§ 97-1. Use restricted.

No person shall, except in necessary defense of person or property, use any pistol,

§ 97-3. What constitutes use.

Pistols, revolvers, rifles, shotguns, air rifles, CO2 pistols, air guns, bows and arrows and slingshots shall be deemed to be used within the terms of this chapter if they are carried, loaded or discharged by any person,
 #327  by George
 
[HISTORY: Adopted by the City Council of The City of Lewes: Art. I, 5-12-80; Art. II, 3-12-84. Amendments noted where applicable.]



--------------------------------------------------------------------------------
ARTICLE I Adoption of Code [Adopted 5-12-80]
§ 1-1. Code adopted.

The Ordinances of The City of Lewes, County of Sussex, State of Delaware, of a general and permanent nature, adopted by the City Council of The City of Lewes, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 200 and Appendix Chapter A201, together with an Index, are hereby approved, adopted, ordained and enacted as the Code of The City of Lewes, hereinafter known and referred to as the "Code."

§ 1-2. When effective.

All provisions of the Code shall be in full force and effect on and after the effective date of this Ordinance.

§ 1-3. Changes in previously adopted Ordinances. A. In compiling and preparing the Ordinances of The City of Lewes for adoption and revision as part of the Code, certain grammatical changes and other minor changes were made in one (1) or more of said Ordinances. It is the intention of the Council that all such changes be adopted as part of the Code as if the Ordinances so changed had been previously formally amended to read as such.

B. Certain changes of a substantive nature were made to various Ordinances found within the Code. These changes were made to bring the provisions into conformity with the desired policies of the City Council, and it is the intent of the City Council that all such changes be adopted as part of the Code as if the Ordinances so changed had been previously formally amended to read as such. Such changes are cited within the historical statements or the text of the Code by the term "amended at time of adoption of Code."

§ 1-4. Adoption of certain new Ordinances.

Certain new Ordinances which represent a comprehensive revision of former legislation or cover subject matters on which the city had no prior legislation have been included in the Code at the City Council's direction. These Ordinances are cited within the historical statements of the Code as "adopted at time of adoption of Code." It is hereby declared to be the intent of the City Council that these new Ordinances shall be adopted, and said Ordinances shall become in full force and effect, as part of this Code adoption as if such Ordinances had been previously formally adopted.



Help wynder.... or anyone else. if I'm reading Lewes right it is saying that and minor, substansive, or even totally new ordinances will be listed as "adopted at the time of of adoption of code" this might mean that ordiances written yesterday can be passed off as written before preemption. is this the right way to read this? and how can we find out if the gun ban was enacted after the preemption?
 #328  by Wynder
 
Good question...

It looks like the adoption of ordinances was enacted in 1980... I don't see a date on the firearms ordinance, though and I'm not sure how to suss that out...
 #330  by George
 
Oops… I posted to Smyrna instead of Lewes. Can someone move it or should I copy paste and delete?
 #331  by Wynder
 
ijusam wrote:Oops… I posted to Smyrna instead of Lewes. Can someone move it or should I copy paste and delete?
Merged with Lewes now.