Section 1457A - Possession of a firearm in a safe school zone; class E felony(a) As used in this section: (1) "Constable" means as licensed under Chapter 56 of Title 24.(2) "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) "Police officer" means as defined in § 8401 of this title.(4) "Qualified retired law-enforcement officer" means as defined in § 1441B of this title.(5) "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.(b) Any person who knowingly possesses a firearm while in or on a Safe School Zone shall be guilty of the crime of possession of a firearm in a Safe School Zone.(c) Subsection (b) of this section shall not apply to any of the following:(2) A constable employed by a school or school district who is acting in an official capacity within 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 within a Safe School Zone.(4) A holder of a valid license to carry concealed deadly weapons under § 1441 but only if the firearm is in a vehicle.(5) Employees of the Department of Services for Children, Youth, and Their Families who are authorized by the Secretary of the Department to carry a firearm while acting in the employee's official capacity."(6) Probation and parole officers acting within the officer's official capacity.(7) A qualified retired law-enforcement officer who is employed or contracted by a school or school district to assist with security or investigations and who is acting in an official capacity within a Safe School Zone.(d) Subsection (b) of this section does not apply to the possession of a firearm in any of the following circumstances: (1) On private property not part of 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 lawful hunting, firearm instruction, or firearm-related sports on public lands, other than those belonging to a public or private school.(e) A person who violates this section is guilty of a class E felony.(f) In the event that an elementary or secondary school student possesses a firearm in a Safe School Zone, 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.Amended by Laws 2023, ch. 249,s 1, eff. 3/7/2024.Added by Laws 2023 , ch. 175, s 1, eff. 8/18/2023.Section 2 of the 2023 legislation provides that the Act does not affect any prosecution under § 1457 of Title 11 if the offense occurred before the effective date of this Act.