Delaware Code Title 11 Sec. 1441A – State implementation of the federal Law Enforcement Officers Safety …
(a) Notwithstanding any other provision of the law of any state or any political subdivision thereof, an individual who is a qualified law-enforcement officer and who is carrying the identification required by subsection (d) of this section may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b) of this section.
Terms Used In Delaware Code Title 11 Sec. 1441A
- Arrest: Taking physical custody of a person by lawful authority.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) This section shall not be construed to supersede or limit the laws of any state that:
(1) Permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or
(2) Prohibit or restrict the possession of firearms on any state or local government property, installation, building, base, or park.
(c) As used in this section, the term “qualified law-enforcement officer” means an employee of a governmental agency who:
(1) Is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension under 10 U.S.C. § 807(b) (article 7(b) of the Uniform Code of Military Justice);
(2) Is authorized by the agency to carry a firearm;
(3) Is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;
(4) Meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
(5) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(6) Is not prohibited by federal law from receiving a firearm.
(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law-enforcement officer of the agency.
(e) As used in this section, the term “firearm”:
(1) Except as provided in this subsection, has the same meaning as in 18 U.S.C. § 921;
(2) Includes ammunition not expressly prohibited by federal law or subject to the provisions of the National Firearms Act [26 U.S.C. § 5801 et seq.]; and
(3) Does not include:
a. Any machinegun (as defined in § 5845 of the National Firearms Act [26 U.S.C. § 5845]);
b. Any firearm silencer (as defined in 18 U.S.C. § 921); and
c. Any destructive device (as defined in 18 U.S.C. § 921).
(f) For the purposes of this section, a law-enforcement officer of the Amtrak Police Department, a law-enforcement officer of the Federal Reserve, or a law-enforcement or police officer of the executive branch of the federal government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension under 10 U.S.C. § 807(b) (article 7(b) of the Uniform Code of Military Justice).
76 Del. Laws, c. 320, § ?1; 70 Del. Laws, c. 186, § ?1; 80 Del. Laws, c. 181, § ?1;