Delaware Police Arrest Man on Felony Gun Charges

Delaware State Police recently announced the arrest of a 40-year-old man from Wilmington, Delaware on multiple gun charges following a suspicious activity investigation in the wee hours of the morning. According to police, on June 22, 2024, at approximately 4:50 a.m., troopers responded to the Wilmington Country Club located at 4825 Kennett Pike after getting reports of an unknown man sleeping in the back of a Cadillac Escalade. The trooper arrived to find the Escalade parked in the entrance road of the country club with the driver’s door open. The trooper approached the SUV on the driver’s side rear passenger door to make contact with the occupant. After opening the door, the occupant fell out of the vehicle and onto the concrete. As the occupant fell out of the vehicle, the trooper saw a black gun on the seat where the occupant had been sitting. After speaking with the occupant, the trooper noted that he showed multiple signs of intoxication. He was taken into custody without incident.

Police ran a search of the Taurus G2C 9mm handgun found in the SUV which revealed that the gun was stolen. A computer search of the suspect revealed that he was a convicted felon who is prohibited from possessing either a firearm or ammunition. The suspect has since been charged with the following crimes:

• Possession of a Firearm or Ammunition by a Person Prohibited (Felony)
• Carrying a Concealed Deadly Weapon (Felony)
• Receiving a Stolen Firearm (Felony)
• Possession of a Firearm While Under the Influence of Alcohol
• Criminal Trespass 3rd Degree

Possession of a Firearm or Ammunition by a Person Prohibited 

11 DE Code § 1448 outlines the law when it comes to possessing a firearm. It specifically states which individuals are not allowed to possess firearms. Section (a)(1) makes it unlawful for any individual who has previously been convicted of a felony or a crime of violence to possess a firearm or ammunition.

(1) Any person who has been convicted in this State or other jurisdiction of a felony or a crime of violence involving physical injury to another person, whether or not armed with or while possessing any weapon during the commission of the felony or crime of violence.

In this case, the suspect mentioned above had a previous felony on his record. This felony prohibited him from carrying a firearm in the State of Delaware. Sentencing for this crime depends on several factors. Those include the time of crime for which the defendant was convicted. If they were convicted of a violent felony, they can spend a minimum of 3 years in state prison on the charges. They can spend 5 years in prison if they possess the firearm within 10 years of the date of conviction for any violent felony. They face a minimum sentence of 10 years if they have been convicted of two or more violent felonies.

Talk to a Wilmington, DE Weapons Charges Attorney Today 

If you are facing weapons charges in Delaware, the stakes are quite high and there are mandatory minimum sentences. You will need a skilled criminal defense attorney to answer the charges. Call Wilmington criminal defense lawyer Michael W. Modica today to schedule an appointment, and we can begin preparing your defense immediately.

Source:

dsp.delaware.gov/2024/06/24/state-police-arrests-man-for-felony-gun-charges-in-wilmington/