Delaware State Police Arrest Wilmington Man on Gun Charges
Delaware State Police recently announced the arrest of a 40-year-old man from Wilmington, DE for felony gun charges following a suspicious activity investigation early Saturday 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 for an unknown man sleeping in the back of a Cadillac Escalade parked in the entrance road of the country club with the driver’s side door open. The trooper approached the SUV and opened the rear driver’s side door to make contact with the occupant. Upon opening the door, the occupant fell out of the vehicle and onto the concrete. As the suspect fell out of the vehicle, the trooper saw a black gun on the seat where the suspect had been sitting. While speaking with the suspect, the trooper noted multiple signs of impairment and he was subsequently taken into custody without incident. A computer inquiry of the handgun found that the gun had been stolen from the New Castle County Police Department in May 2022. A background check of the defendant revealed that he is a convicted felon and prohibited from possessing a firearm or ammunition. The suspect was taken to Troop 1 where he was charged with the following crimes:
- Possession of a Firearm or Ammunition by a Person Prohibited
- Carrying a Concealed Deadly Weapon
- Receiving a Stolen Firearm
- Possession of a Firearm While Under the Influence of Alcohol
- Criminal Trespass 3rd Degree
Possession of a Firearm or Ammunition by a Person Prohibited
Delaware makes it a crime for certain classifications of people to possess or own a firearm or ammunition. This crime can be charged as either a class F, class D, or class C felony depending upon certain factors. The text of the law says:
- c) Possession of a deadly weapon by a person prohibited is a class F felony, unless said deadly weapon is a firearm or ammunition for a firearm, and the violation is one of paragraphs (a)(1)-(8) of this section, in which case it is a class D felony, or unless the person is eligible for sentencing pursuant to subsection (e) of this section, in which case it is a class C felony. As used herein, the word “ammunition” shall mean 1 or more rounds of fixed ammunition designed for use in and capable of being fired from a pistol, revolver, shotgun or rifle but shall not mean inert rounds or expended shells, hulls or casings.
The statute also has mandatory minimum sentences for violations of this law. If the individual has previously been convicted of a violent felony, they face a mandatory minimum sentence of three years at Level V. If the person is convicted within 10 years of the date of conviction for any violent felony, they face a minimum sentence of five years at Level V. They can face 10 years at Level V if they have been convicted on 2 or more separate occasions of any violent felony.
Talk to a Wilmington, DE Criminal Defense Lawyer Today
Michael W. Modica represents the interests of individuals who are facing gun and weapons charges in Wilmington, DE. Call a Wilmington criminal defense attorney at our office today to schedule an appointment, and we can begin developing your defense strategy immediately.
Source:
dsp.delaware.gov/2024/06/24/state-police-arrests-man-for-felony-gun-charges-in-wilmington/