Bipartisan legislation, ceremonially signed by Gov. Matt Meyer on Legislative Mall this week, significantly increases penalties for those intentionally shooting towards residences, schools, businesses and other places where people congregate.
Previously under Delaware law, a person who fired a weapon towards a home could face only misdemeanor charges, as long as no one was injured or directly in harm’s way. House Bill 123, as amended, changes that.
When the measure was debated in the House earlier this year, Delaware Deputy Attorney General John Taylor explained that individuals involved in such shootings are typically charged with reckless endangerment in the first or second degree. But there’s a significant limitation: “A person must have been directly, or very closely, in the line of fire for that felony charge to apply,” Taylor said.
In cases where a gun is fired into an unoccupied home, the offense may be classified merely as property damage or criminal mischief, both conditional misdemeanors. Critics argued this underestimates the severity of the act.
“That’s not just a legal technicality; that’s a dangerous underestimation of the trauma and threat that such an act imposes on our communities,” said State Rep. Nnamdi O. Chukwuocha (D-Wilmington), the measure’s prime sponsor. “The act alone is intended to harm, intimidate, or endanger. Whether someone is home or not should not change the seriousness of the crime.”
The legislation, which was co-sponsored by State Rep. Danny Short (R-Seaford), creates the new crime of discharging a firearm at a dwelling, place of worship, vehicle, school, or business. The offense is a class E felony, carrying the same potential penalties as reckless endangerment.
Eighteen Democrats joined 12 Republicans to pass the bill through the House. The measure cleared the Senate unanimously.
“Doing the right thing isn’t Democrat or Republican,” said State Rep. Lyndon Yearick (R-Camden, Wyoming, Woodside), who attended the signing. “This proposal is a needed fix. It illustrates that when we work together, we can make our state a safer place for everyone.”
