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Category Archives: Weapons Charges

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Are Ghost Guns Legal in Delaware?

By Michael W. Modica |

Many states have become laser-focused on the issue of ghost guns, and Delaware is certainly no exception. With the rise of 3D printing, this subject is more relevant than ever. While Delaware gun control measures target criminals, legal gun owners may also find themselves in the crosshairs – and a simple mistake may lead… Read More »

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What are the Penalties for Possessing a Destructive Weapon in Delaware?

By Michael W. Modica |

When you think of weapons charges, you probably assume the laws are directed at possession, illegal sales, and other unlawful activities involving firearms. However, Delaware has a statute on Possessing a Destructive Weapon, which includes items that are not guns. Violations of the law can lead to serious felony charges, which carry long prison… Read More »

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Weapons Charges in Connection with Felonies Under Delaware Law

By Michael W. Modica |

Many of Delaware’s laws on dangerous weapons make it unlawful to possess certain types of items or carry them designated places, even if you never do anything with them. However, the stakes are higher when you do employ certain items while engaged in criminal activity. Delaware has two statutory provisions that bar possession of… Read More »

GunHolster

Weapons Possession During A Felony In Delaware: Prosecution’s Burden

By Michael W. Modica |

Weapons laws in the US and Delaware are generally based upon three factors: Who you are, what type of weapon, and how you were using it. For example, the “who” focuses on those individuals that are prohibited from having a gun, and there are detailed definitions on the “what” with respect to dangerous weapons… Read More »

Gun

Defenses To Weapons Charges In Delaware

By Michael W. Modica |

Violations of Delaware weapons laws may not constitute a large percentage of the arrests police make every year, but the statistics show that law enforcement is diligent about apprehending suspects. According to a report on Crime in Delaware, officers charge around 2,100 people with weapons law violations. The counts range from possession by prohibited… Read More »

GunHolster

Is Delaware A Constitutional Carry State For Firearms?

By Michael W. Modica |

Though the topic has been in the news frequently in recent weeks with regards to other US states, the answer is NO: Delaware is not a constitutional carry state for purposes of firearms. The issue was before lawmakers not long ago, according to an article published by Delaware Live. However, the measure failed to… Read More »

Guns

3 Weapons Charges That Are Felonies Under Delaware Law

By Michael W. Modica |

Though you may not know the specifics about Delaware weapons charges, you are probably aware that crimes are generally classified as a felony or misdemeanor. The latter offense is less serious, and each of the three classes in this category are punishable by less than a year incarceration if convicted. A judge could also… Read More »

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How Delaware Weapons Charges Laws Are Organized

By Michael W. Modica |

With a quick glance at Delaware’s weapons charges statutes, the only thing that becomes quite clear about the laws is that they can be extremely murky. Unless you have a legal background, it can be difficult to make sense of what acts are illegal. You could put yourself at risk of arrest by not… Read More »

Gun

Overview of Delaware’s Red Flag Gun Laws

By Michael W. Modica |

Red flag laws have made news headlines frequently in recent years because they are highly controversial in the context of Second Amendment rights. Several US states, including Delaware, have enacted these statutes to combat mass shootings and similar tragedies. Though the details vary, these statutes generally authorize a judge to enter an order requiring… Read More »

GunCharges

Firearms and Domestic Violence in Delaware

By Michael W. Modica |

Topics related to domestic violence and firearms in Delaware have been controversial for years, but the recent shooting at a Texas church has put these issues back in the headlines. Delaware Online provided local coverage and reported on the man’s history, specifically a domestic violence matter dating back to 2012. While serving with the… Read More »

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