What Happens If You Face a Weapons Charge in Delaware?

In Delaware, facing a weapons charge is not a minor inconvenience; it's a profound legal challenge with potentially life-altering consequences. Our state takes the regulation and unlawful possession or use of firearms and other deadly weapons very seriously. If you or someone you know is confronting such a charge, understanding the intricacies of Delaware law and acting decisively can make all the difference. This article aims to shed light on what these charges entail, the potential repercussions, and, most importantly, how to navigate this complex legal landscape.

Understanding "Deadly Weapon" in Delaware Law

One of the first things to grasp is Delaware's broad definition of a "deadly weapon." It's not limited to just guns. Under Delaware Code Title 11, Section 222 (4), a "deadly weapon" is defined as:

"Any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury."

This expansive definition means that an everyday object could be considered a deadly weapon depending on how it's used or threatened to be used. For instance, a baseball bat, a sharp kitchen knife, or even a heavy rock could be deemed a deadly weapon if employed with harmful intent. Of course, firearms, knives, and other instruments specifically designed for combat are inherently classified as deadly weapons.

Common Types of Weapons Charges in Delaware

Delaware law outlines several distinct weapons charges, each carrying its own level of severity and potential penalties. Understanding these categories is crucial:

• 🚨 Carrying a Concealed Deadly Weapon (CCDW): This is one of the most common weapons charges. It applies when an individual carries a deadly weapon, whether a firearm, knife, or other instrument, on their person or in a vehicle in a manner that conceals it from ordinary observation.

• ⚖️ Penalties for CCDW: A first offense is typically a Class G felony. Subsequent offenses or carrying certain types of weapons (like a loaded firearm without a permit) can elevate it to a Class D felony, carrying significant prison time and substantial fines.

• 💡 Important Note on Permits: Delaware does issue permits to carry concealed deadly weapons (DLCCW). If you have such a permit and are in compliance with its terms, this charge may not apply. However, exceptions exist for carrying a weapon openly, or in one's home or place of business, or while engaged in specific lawful activities like hunting or target practice, even without a permit.

• 🚔 Possession of a Firearm by a Person Prohibited (PFP): This is an extremely serious charge. It applies to individuals who are legally barred from possessing firearms due to their past criminal record or certain other circumstances.

• 📜 Who is "Prohibited"? This list is extensive and includes:
  • ➡️ Those convicted of a felony (any felony, not just violent ones).
  • ➡️ Individuals convicted of certain violent misdemeanors (e.g., domestic violence assault).
  • ➡️ Persons subject to a protection from abuse (PFA) order.
  • ➡️ Those who have been adjudicated delinquent for certain offenses as juveniles.
  • ➡️ Individuals who have been committed to a mental institution for a specific period.
  • ➡️ Undocumented immigrants.
  • ➡️ Those discharged from the military under dishonorable conditions.

• ⚖️ Penalties for PFP: This is generally a Class B felony if the weapon is a firearm, carrying a mandatory minimum prison sentence that can be years, not months. If the prohibited person possesses a "deadly weapon" other than a firearm (e.g., a knife), it can be a Class F felony.

• 🚨 Possession of a Deadly Weapon During the Commission of a Felony (PDWDCF): This charge is unique because it's an enhancement, meaning it’s tacked on top of another felony offense. If you commit any felony (e.g., drug dealing, robbery, burglary) while possessing a deadly weapon, you will face this additional, severe charge.

• ⚖️ Penalties for PDWDCF: This is a Class B felony with a mandatory minimum prison sentence, which can be consecutive to the sentence for the underlying felony. This means it significantly increases your potential time behind bars.

• 🛡️ Aggravated Menacing & Reckless Endangering: While not strictly "possession" charges, these offenses are often elevated to felony status when a deadly weapon is involved.

• ➡️ Aggravated Menacing: Threatening another person with a deadly weapon. This is a Class G felony.
• ➡️ Reckless Endangering First Degree: Recklessly engaging in conduct which creates a substantial risk of death or serious physical injury to another person. If done with a deadly weapon, it’s a Class E felony.

• ⛓️ Other Related Charges: These can include:
  • ➡️ Illegal Sale or Transfer of Firearms: Selling a firearm to a prohibited person, or without proper background checks, is a serious offense.
  • ➡️ Possession of an Unregistered Firearm/Illegal Weapon: This applies to certain types of firearms regulated by the National Firearms Act (NFA), such as suppressors, short-barreled rifles/shotguns, or machine guns, if not properly registered. Delaware also prohibits certain destructive devices.
  • ➡️ Brandishing a Firearm: Displaying a firearm in a threatening manner, even if no direct threat is made, can lead to charges.

Navigating Delaware's Permit System: The DLCCW

For law-abiding citizens, Delaware offers a path to legally carry a concealed deadly weapon through the Delaware Concealed Carry Weapon (DLCCW) permit. The process involves:

• 📜 Application: Filing a detailed application with the Delaware Superior Court, including character references.
• 📚 Training: Completing a state-approved firearms training course that includes instruction on safe gun handling, marksmanship, and the legal aspects of firearm use.
• 🔎 Background Check: Undergoing a thorough background investigation by the Delaware State Police.
• ✍️ Good Cause: Demonstrating a "good moral character" and "good cause" for wanting to carry a concealed weapon. This often requires showing a specific need for self-defense beyond the general desire for protection.

Even with a DLCCW permit, there are limitations. For example, you generally cannot carry a concealed weapon in schools, courthouses, polling places, or during certain public events. Understanding these restrictions is vital to avoid inadvertently committing an offense.

The Far-Reaching Consequences of a Weapons Charge

A conviction for a weapons charge in Delaware extends far beyond potential jail time and fines. The ramifications can impact nearly every aspect of your life:

• ⛓️ Criminal Record: A felony conviction is a permanent mark. It can appear on background checks for employment, housing, and even volunteer opportunities.
• ⚖️ Loss of Rights:
  • 🚫 Firearm Rights: A felony conviction in Delaware permanently revokes your right to own, possess, or purchase firearms, even if it's not a PFP conviction. This is a federal prohibition as well.
  • 🗳️ Voting & Jury Duty: Felony convictions can impact your right to vote and serve on a jury.
• 💼 Employment Challenges: Many employers are hesitant to hire individuals with felony convictions, especially for positions of trust or those requiring professional licenses. This can severely limit career prospects.
• 🏠 Housing Difficulties: Landlords often conduct background checks, and a felony conviction can make it challenging to secure rental housing.
• 🎓 Educational Opportunities: Some educational programs or financial aid opportunities may be restricted.
• ⚕️ Professional Licenses: If you hold or plan to pursue a professional license (e.g., doctor, nurse, lawyer, real estate agent, teacher), a felony conviction can lead to denial or revocation of that license.
• ✈️ Travel & Immigration: A felony conviction can affect your ability to travel internationally, and for non-citizens, it can lead to deportation or make obtaining citizenship impossible.
• 👨‍👩‍👧‍👦 Social & Family Impact: The stigma of a criminal conviction can strain relationships, affect child custody matters, and lead to social isolation.

Defending Against Weapons Charges: Your Rights and Strategies

Facing a weapons charge can feel overwhelming, but it's crucial to remember that you have rights and defenses. A skilled criminal defense attorney can explore various strategies tailored to your specific situation:

• 🔎 Challenging "Possession": The prosecution must prove you were in "possession" of the weapon. This isn't always straightforward.
  • ➡️ Actual Possession: The weapon is on your person or within your immediate control.
  • ➡️ Constructive Possession: The weapon is not on your person, but you have knowledge of its presence and the ability to exercise dominion and control over it (e.g., a gun in your car's trunk, even if not directly next to you). Defenses can argue lack of knowledge or control.
• 📜 Lack of Knowledge or Intent: In some cases, you might not have known the weapon was present or that it was illegal. For example, if you borrow a car and an illegal firearm is hidden in the trunk, and you genuinely had no knowledge of it.
• 🛡️ Illegal Search and Seizure (Fourth Amendment Violations): This is often a powerful defense. If law enforcement obtained evidence (the weapon) through an unconstitutional search or seizure, that evidence may be inadmissible in court under the "Exclusionary Rule." Your attorney will meticulously review how the police found the weapon, including:
  • ➡️ Was there probable cause for the stop or search?
  • ➡️ Was a valid warrant obtained?
  • ➡️ Was the search within the scope of a lawful exception (e.g., plain view, search incident to arrest)?
  • ➡️ Were your Miranda rights properly read if you were in custody and questioned?
• 🧠 Self-Defense or Defense of Others: If the charge involves the use of a deadly weapon (e.g., Aggravated Menacing), you might argue that you acted in lawful self-defense or defense of another person, using reasonable force to protect yourself or others from imminent harm.
• ✨ Mistaken Identity: The weapon wasn't yours, or you were wrongly identified as the person in possession.
• 📖 Permit or Legal Exception: If you had a valid DLCCW permit or were engaged in an activity that provides an exception (e.g., transporting the weapon unloaded to a gun range), this would be a direct defense against a CCDW charge.

Practical Steps If You Are Charged

The immediate aftermath of a weapons charge can be confusing and frightening. Your actions during this critical period can significantly impact the outcome of your case:

• 💡 Remain Silent: You have the constitutional right to remain silent. Exercise it! Anything you say can and will be used against you. Do not try to explain, deny, or justify. Simply state that you wish to speak with an attorney.
• 🛡️ Do Not Resist Arrest: Even if you believe the arrest is unlawful, do not physically resist. Resisting arrest can lead to additional charges and escalate the situation.
• 📞 Contact an Attorney IMMEDIATELY: This is the most crucial step. A criminal defense lawyer specializing in Delaware law can:
  • ➡️ Advise you on your rights.
  • ➡️ Intervene with law enforcement on your behalf.
  • ➡️ Begin building your defense from the outset.
  • ➡️ Help navigate the bail process.
• 📝 Document Everything: As soon as possible, write down everything you remember about the incident: the time, location, who was present, what was said, and what the police did. This information can be invaluable to your attorney.
• Understanding Bail: In Delaware, bail is set to ensure your appearance in court. Your attorney can argue for a reasonable bail amount or even release on your own recognizance (ROR), depending on the circumstances and your ties to the community.

Minimizing the Impact: More Than Just Avoiding Jail Time

While the goal is always to avoid or minimize incarceration, a comprehensive legal strategy for a weapons charge also focuses on "preservation" rather than "compensation." For the accused, "compensation" usually takes the form of mitigating the severe financial and societal costs of a conviction:

• 💰 Avoiding Fines and Court Costs: A successful defense can mean avoiding hefty fines, court fees, and probation supervision costs that can quickly add up.
• ⚖️ Preserving Liberty and Freedom: Avoiding conviction or securing a lesser charge can mean the difference between years in prison and freedom, allowing you to continue working, caring for your family, and living your life.
• 🚫 Protecting Your Rights: A diligent defense aims to prevent the permanent loss of gun rights, voting rights, and the ability to obtain professional licenses.
• 💼 Mitigating Future Hardship: An attorney can negotiate for plea bargains that might lead to a less severe charge (e.g., a misdemeanor instead of a felony), which can significantly reduce collateral consequences related to employment, housing, and social stigma. In some very limited cases for minor offenses, diversion programs might be an option, allowing for the potential dismissal of charges upon completion.
• 💵 Addressing Financial Strain of Legal Fees: While legal representation comes at a cost, investing in a robust defense often saves you far more in the long run by avoiding the massive financial penalties, lost income, and long-term economic disadvantages associated with a felony conviction.

Illustrative Scenarios: Weapons Charges in Action

To better understand how these charges play out, consider these hypothetical, but common, scenarios:

• Scenario 1: The Unwitting Driver (CCDW)
  • Description: Sarah, visiting Delaware, borrows her friend Mike's car. Unbeknownst to her, Mike, who has a valid DLCCW permit, left his loaded handgun (which she doesn't have a permit for) in a closed center console. Sarah is pulled over for a minor traffic infraction. The officer, observing a "furtive movement" as she reaches for her registration, asks to search the vehicle. Sarah consents, and the officer finds the gun.
  • Outcome: Sarah could be charged with Carrying a Concealed Deadly Weapon (Class G Felony), even though she didn't know the gun was there. Her defense would focus on lack of knowledge and challenging the legality of the search if no probable cause existed beyond a "furtive movement." Mike, though permitted, could face issues for allowing his weapon to be possessed by an unpermitted individual.
• Scenario 2: The Ex-Felon with a Hunting Rifle (PFP)
  • Description: John, who was convicted of a felony drug offense 15 years ago and completed his sentence, lives a quiet life. His son convinces him to go deer hunting. John purchases a rifle legally from a private seller, unaware of his lifelong prohibition from owning firearms due to his prior felony. During a routine background check for a different permit, his felony conviction triggers a flag, and police find the rifle at his home.
  • Outcome: John is charged with Possession of a Firearm by a Person Prohibited (Class B Felony). Despite the time elapsed and his belief he was acting legally, the law is clear: a felony conviction often means a permanent loss of gun rights. He faces a mandatory minimum prison sentence. His defense would focus on mitigating circumstances for sentencing but the conviction itself is highly likely due to the strict liability nature of the law.
• Scenario 3: The Drug Deal Gone Wrong (PDWDCF)
  • Description: Mark is involved in a drug distribution operation. During a planned transaction, law enforcement raids the location. Mark is found with a bag of drugs, and a loaded handgun is on the table next to him. Mark claims the gun wasn't his and he never touched it.
  • Outcome: Mark is charged with various drug offenses and also Possession of a Deadly Weapon During the Commission of a Felony (Class B Felony). Even if he didn't physically hold the gun, his proximity and ability to access it could establish constructive possession. This additional charge significantly escalates his potential prison sentence, potentially adding years to any drug conviction.
• Scenario 4: The Heated Argument (Aggravated Menacing)
  • Description: During a heated argument with a neighbor over a property line dispute, Sarah goes into her house, retrieves a baseball bat, and stands on her porch holding it, yelling, "Get off my property before I make you!" The neighbor feels threatened and calls the police.
  • Outcome: Sarah could be charged with Aggravated Menacing (Class G Felony). While a baseball bat isn't inherently a "weapon," her use of it to threaten her neighbor elevates it to a deadly weapon in that context. Her defense might argue no direct threat was made or that she felt threatened herself, but the display of the bat changes the dynamic significantly.

Important Notices

• ⚠️ Laws Are Dynamic: Legal statutes, interpretations, and precedents can change over time. What is true today might be modified tomorrow.
• ⚖️ Every Case is Unique: The scenarios above are simplified. The specific facts, evidence, and your personal history will heavily influence the outcome of any actual case.
• 📖 This is Not Legal Advice: The information provided here is for general informational purposes only and does not constitute legal advice. It is essential to consult with a qualified attorney regarding your individual situation.

Conclusion

Weapons charges in Delaware carry immense weight, often leading to felony convictions with severe, long-lasting consequences that can strip away your rights and significantly impact your future. The complexities of Delaware's deadly weapon definitions, specific charge types like CCDW, PFP, and PDWDCF, and the potential for mandatory minimum sentences demand a robust and immediate legal response. If you find yourself or a loved one facing such a charge, your priority must be to protect your rights and future. Do not speak to law enforcement without legal counsel present, and contact an experienced Delaware criminal defense attorney immediately. Your freedom, your rights, and your peace of mind depend on it.

Disclaimer: This article provides general information about weapons charges in Delaware for educational purposes only and does not constitute legal advice. The laws are complex and change frequently. Do not rely on this information without consulting a qualified attorney. An attorney-client relationship is not formed by reading this article.