Section 1457B - [Effective 2/1/2025] Possession of a firearm or projectile weapon at a polling place; class a misdemeanor(a) As used in this section: (1)a. "College or University Safe Zone" means all of the following: 1. Any building, structure, athletic field, sports stadium or real property owned, operated, leased, or rented by any public or private college or university.2. Any motor vehicle owned, operated, leased, or rented by any public or private college or university.b. "College or University Safe Zone" does not include state or locally owned or maintained roads, streets, and pedestrian routes and bike paths pertaining to those roads or streets, running through or adjacent to premises or property owned, operated, or controlled by any public or private college or university, which are open full time to public vehicular traffic.(2) "Commissioned security guard" means as defined in § 1302 of Title 24.(3) "Constable" means a person licensed under Chapter 56 of Title 24.(4) [Repealed by 2024 Amendment.](5) "Police officer" means as defined in § 8401 of this title.(6) "Qualified law-enforcement officer" means as defined in § 1441A of this title.(7) "Qualified retired law-enforcement officer" means as defined in § 1441B of this title.(b) Any person who knowingly possesses a firearm while in or on a College or University Safe Zone is guilty of the crime of possession of a firearm in a College or University Safe Zone.(c) Subsection (b) of this section does not apply to any of the following:(2) A qualified law-enforcement officer who is acting in an official capacity.(3) A constable or commissioned security guard employed by a college or university who is acting in an official capacity.(4) An active-duty member of the United States Armed Forces or Delaware National Guard who is acting in an official capacity.(5) A holder of a valid license to carry concealed deadly weapons under § 1441 of this title but only if the firearm is in a vehicle.(6) An employee of the Department of Services for Children, Youth, and Their Families who is authorized by the Secretary of the Department to carry a firearm, while acting in the employee's official capacity.(7) A probation and parole officer acting within the officer's official capacity.(8) A qualified retired law-enforcement officer.(9) An individual who has written authorization to possess a firearm from the college or university administration or a designated representative of the college or university administration.(d) Subsection (b) of this section does not apply to possession of a firearm in the following circumstances: (1) Possession of a firearm if the firearm is in a locked container or locked firearms rack that is in or on a motor vehicle.(2) When engaged in lawful hunting, firearm instruction, or firearm-related sports at a time, place, and manner authorized by a college or university.(e) A person who violates this section is guilty of a class A misdemeanor.(f) The Superior Court has jurisdiction of an offense under this section.(g) Except as otherwise provided under subsection (c) of this section, a person who knowingly possesses a firearm or projectile weapon at a polling place on election day is guilty of possession of a firearm or projectile weapon at a polling place.(h) Subsection (b) of this section does not apply if at the time of an alleged violation the person is any of the following: (1) Legally in possession of a firearm or projectile weapon within a private residence located at a polling place.(2) Engaged in lawful hunting, firearm or projectile weapon instruction, or firearm or projectile weapon-related sports on public lands that are designated for such activity, other than those being used as a polling place on election day.(3) Employed as any of the following:a. A law-enforcement officer.b. A "commissioned security guard," as defined under § 1302 of Title 24, who is acting in an official capacity at a polling place on election day.c. A constable, as licensed under Chapter 56 of Title 24, who is acting in an official capacity at a polling place on election day.d. An active-duty member of the United States Armed Forces or Delaware National Guard, who is acting in an official capacity at a polling place on election day.(i) It is an affirmative defense that a person was legally in possession of a firearm or projectile weapon and was only traveling through the polling place to reach private property located therein or to leave private property therein to reach a location outside the polling place. This defense is not available to any person who committed any of the following acts or conspired to commit any of the following acts: (1) Intimidation of voters(2) Interference with the election.(3) Traveling through the polling place with a firearm or projectile weapon for any purpose other than reaching a permitted destination.(j) It is not a defense if the person was unaware that the person possessed a firearm or projectile weapon at a polling place on election day.(k) Possession of a firearm or projectile weapon at a polling place is a class A misdemeanor.(l) The Superior Court has exclusive jurisdiction over offenses under this section.(m) The Department of Elections shall post signs at the entrance of each polling place on election day to notify the public that firearms and projectile weapons are not permitted at the polling place.Amended by Laws 2023, ch. 525,s 17, eff. 2/1/2025.Amended by Laws 2023, ch. 369,s 1, eff. 1/1/2025.Added by Laws 2023 , ch. 176, s 1, eff. 8/18/2023.This section is set out more than once due to postponed, multiple, or conflicting amendments.