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Legislation Document
SPONSOR:
Sen. Buckson & Rep. Spiegelman
Sens. Hocker, Pettyjohn, Wilson; Reps. Collins, Dukes, D. Short, Yearick
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 304
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSSESSION OF A FIREARM OR PROJECTILE WEAPON IN A SAFE SCHOOL ZONE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 1457A, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1457A. Possession of a firearm or projectile weapon in a Safe School Zone; class E felony.
(a) As used in this section:
(1) “Charter school” means a school established under Chapter 5 of Title 14.
(1)
(2)
“Constable” means as licensed under Chapter 56 of Title 24.
(2)
(3)
“Firearm” means as defined in § 222 of this title and includes a destructive weapon as defined in § 1444(a) and (c) of this title and includes BB guns.
(3)
(4)
“Police officer” means as defined in § 8401 of this title.
(5) “Public school” means a school in a school district or a charter school.
(6) “Private school” means an entity, other than a public school or home school, that is organized for the purpose of providing education to children in any or all grades pre-kindergarten through 12.
(4)
(7)
“Qualified retired law-enforcement officer” means as defined in § 1441B of this title.
(5)
(8)
“Safe School Zone” means all of the following:
a. Any building, structure, athletic field, sports stadium, or real property owned, operated, leased, or rented by any public or private school including any kindergarten, elementary, secondary, or vocational-technical school.
b. Any motor vehicle owned, operated, leased, or rented by any public or private school including any kindergarten, elementary, secondary, or vocational-technical school.
(9) “School district” means a clearly defined geographic subdivision of this State organized for the purpose of administering public education in that area and includes a district specifically created to administer a system of vocational or technical education.
(10) “Sentry” means an individual authorized under subsection (g) of this section to possess a firearm or projectile weapon in a Safe School Zone.
(b) Any person who knowingly possesses a firearm or projectile weapon while in a Safe School Zone shall be guilty of the crime of possession of a firearm or projectile weapon in a Safe School Zone.
(c) Subsection (b) of this section does not apply to any of the following:
(1) A police officer.
(2) A constable employed by a
school or school district
public or private school
who is acting in an official capacity in a Safe School Zone.
(3) An active-duty member of the United States Armed Forces or Delaware National Guard who is acting in an official capacity in a Safe School Zone.
(4) A holder of a valid license to carry concealed deadly weapons under § 1441 of this title, but only if the firearm or projectile weapon is in a motor vehicle.
(5) An employee of the Department of Services for Children, Youth, and Their Families who is acting in an official capacity in a Safe School Zone and who is authorized by the Secretary of
the
that
Department to carry a firearm or projectile weapon while acting in the employee’s official capacity.
(6) A probation and parole officer who is acting in an official capacity in a Safe School Zone.
(7) A qualified retired law-enforcement officer who is employed or contracted by a
school or school district
public or private school
to assist with security or investigations and who is acting in an official capacity in a Safe School Zone.
(8) A sentry.
(d) Subsection (b) of this section does not apply in any of the following circumstances:
(1) On private property not part of
school
public or private school
grounds.
(2) A firearm in a locked container or locked firearms rack that is in or on a motor vehicle.
(3) When engaged in any of the following:
a. Lawful hunting.
b. Firearm or projectile weapon instruction.
c. Firearm or projectile weapon-related sports on public lands, other than those belonging to a public or private school.
d. Projectile weapon-related sports on lands belonging to a public or private school authorized by the public or private school.
(e) A person who violates this section is guilty of a class E felony.
(f) If an elementary or secondary
public
school student possesses a firearm or projectile weapon in a Safe School Zone, other than under paragraph (d)(3)d. of this section, in addition to any other penalties contained in this section, the student shall be expelled by the local school board or charter school board of directors for a period of not less than 180 days unless otherwise provided for in federal or state law. The local school board or charter school board of directors may, on a case-by-case basis, modify the terms of the expulsion to less than 180 days.
(g) An entity authorized to administer or provide oversight of a private school may authorize an individual to possess a firearm or projectile weapon in a Safe School Zone if all of the following apply:
(1) The individual is employed by the private school.
(2) The individual is one of the following:
a. The holder of a valid license to carry concealed deadly weapons under § 1441 of this title.
b. A qualified law-enforcement officer under § 1441A of this title.
c. A qualified retired law-enforcement officer.
(3) Unless the individual meets paragraph (g)(2)b. or (g)(2)c. of this section, the individual complies with the following requirements of an armed security guard under Chapter 13 of Title 24:
a. Complete a firearm training program.
b. Comply with the annual firearm renewal process.
(4) The individual completes the Delaware Emergency Management Agency’s school security officer training course.
(5) The individual completes an active threat response course.
(6) The individual carries identification approved by the private school indicating the individual is authorized by the private school to possess a firearm or projectile weapon in a Safe School Zone.
(7) The entity authorized to administer or provide oversight of a private school has notified each law enforcement agency with jurisdiction over the private school that the private school has authorized an individual to possess a firearm or projectile weapon in a Safe School Zone.
Section 2. This Act is to be known as the Safe Schools Sentry Act.
SYNOPSIS
This Act does the following:
(1) Makes clear that charter schools and private schools may employ a constable or employ or contract for a qualified retired law-enforcement officer to provide security.
(2) Creates an exemption in the Safe School Zone law enacted in 2023, Chapter 175 of Volume 84 of the Laws of Delaware (House Bill No. 201, 152nd General Assembly), for an individual authorized by a private school to serve a “sentry”, an individual authorized by the school to carry a firearm or projectile weapon in a Safe School Zone if certain training and notice requirements are complied with.
Not every school is able to afford to hire a constable or a police officer who is a school resource officer. Therefore, the General Assembly finds that it is necessary to permit private schools in this State to employ or contract for individuals to serve as a sentry for these schools.
The following states have also provided a similar exemption to their equivalent of the Safe School Zone law for a sentry: Indiana, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Jersey, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, and Wyoming.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Author: Senator Buckson