Delaware Code

11 Del. C. § 1447 (2026)

Possession of a deadly weapon during commission of a felony; class B felony

✓ current as of May 2026

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(a) A person who is in possession of a deadly weapon during the commission of a felony is guilty of possession of a deadly weapon during commission of a felony.

Possession of a deadly weapon during commission of a felony is a class B felony.

(b), (c) [Repealed.]

(d) Every person charged under this section over the age of 16 years may be tried as an adult pursuant to §§ 1010 and 1011 of Title 10, notwithstanding any contrary provision of statutes governing the Family Court or any other state law.

(e) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person possessed the deadly weapon is a lesser included felony of the one originally charged.

11 Del. C. 1953, § 1447; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 203, § 34; 59 Del. Laws, c. 547, § 15; 60 Del. Laws, c. 306, §§ 1, 2; 63 Del. Laws, c. 412, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 107, § 1; 81 Del. Laws, c. 199, § 3; 82 Del. Laws, c. 66, § 2;

Notes of Decisions

Cited in 49 cases (22 in the last 5 years), 1973–2025 · leading case: Brooks v. State, 367 A.2d 638 (Del. 1976).

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Brooks v. State, 367 A.2d 638 (Del. 1976). · cites it 5× “Defendant appeals his conviction (non jury) in the Superior Court of possession of a deadly weapon during the commission of a felony, 11 Del.C. § 1447, asserting three grounds for reversal: (1) that the conviction was erroneous because the weapon was never in his possession; (2)…”

Snyder v. Andrews, 708 A.2d 237 (Del. 1998). · cites it 2× “Pursuant to the clear language of 11 Del.C. § 1447(c), Burgan was required to serve his nonmandatory assault sentence before serving his mandatory possession of a weapon sentence.”

State v. Honie, 310 A.2d 872 (Del. 1973). · cites it 2× “” This Statute has been repealed and superseded by 11 Del.C. § 1447 of the new Criminal Code which provides: “§ 1447.”

DeShields v. Snyder, 829 F. Supp. 676 (D. Del. 1993). “§ 832(a)(2); and possession of a deadly weapon during the commission of a felony in violation of 11 Del.C. § 1447(a). The jury voted that the death penalty be imposed for each of the counts of murder in the first degree pursuant to 11 Del.”

Anderson v. Redman, 429 F. Supp. 1105 (D. Del. 1977). “§ 832 (1974) — 10 year mandatory minimum sentence for a second robbery conviction coupled with a prohibition against concurrent sentences arising out of the same incident and a 3 year mandatory minimum sentence for a first robbery offense; 11 Del.”

Mayer v. State, 320 A.2d 713 (Del. 1974). “§ 468A(a) (now 11 Del.C. § 1447) provides: “468A. Possession of a deadly firearm during commission of a felony “ (a) Any person found to have had in his possession during the commission of a felony within this State any shotgun, rifle, pistol, revolver, zip gun, or other firearm…”

Bailey v. State, 352 A.2d 411 (Del. 1976). “§ 632, and possession of a deadly weapon during the commission of a felony, 11 Del. C. § 1447. After sentencing he docketed an appeal in the Supreme Court and, before review on the merits, moved for a certificate of reasonable doubt, 11 Del.”

Dobrolenski v. State, 328 A.2d 447 (Del. 1974). “The offense was committed prior to the superseding “deadly weapon” Statute, 11 Del.C. § 1447. 2 . At trial, in order to fulfill the requirements of § 468A, the State offered evidence that the weapon in question was “capable of firing a missile or projectile with sufficient force…”

United States Ex Rel. Hand v. Redman, 416 F. Supp. 1109 (D. Del. 1976). “11 Del.C. § 1447. His conviction was affirmed by the Supreme Court of Delaware, Hand v.”

State v. McCray (Del. Super. Ct. 2024). · cites it 5× “|OnNovember 26, 2018, Defendant pled guilty to Possession of a Deadly Weapon during the Commission of a Felony (11 Del. C. § 1447), Strangulation (11 Del.”

State v. White (Del. Super. Ct. 2022). · cites it 4× “§ 826; one count of Possession of a Deadly Weapon During the Commissioner of a Felony, 11 Del. C. § 1447; thirty counts of Possession of a Firearm During the Commission of a Felony, 11 Del.”

State v. Brown (Del. Super. Ct. 2018). · cites it 2× “§ 1442; one count of Possession of a Deadly Weapon During the Commission of a Felony, 11 Del. C. § 1447; one count of Conspiracy in the Second Degree, 11 Del.”

Show all 49 citing cases →

— 11 Del. C. § 1447(A)(b) — 1 case

State v. McCary (Del. Super. Ct. 2022).

— 11 Del. C. § 1447(a) — 9 cases

State v. Hooker (Del. Super. Ct. 2023).

State v. Kimbrough (Del. Super. Ct. 2025).

Caulk v. State (Del. 2019).

Jones v. State (Del. 2020).

— 11 Del. C. § 1447(c) — 2 cases

Snyder v. Andrews, 708 A.2d 237 (Del. 1998). “Pursuant to the clear language of 11 Del.C. § 1447(c), Burgan was required to serve his nonmandatory assault sentence before serving his mandatory possession of a weapon sentence.”

State v. Smith (Del. Super. Ct. 2025).

— 11 Del. C. § 1447(d) — 1 case

Brooks v. State, 367 A.2d 638 (Del. 1976). “Defendant appeals his conviction (non jury) in the Superior Court of possession of a deadly weapon during the commission of a felony, 11 Del.C. § 1447, asserting three grounds for reversal: (1) that the conviction was erroneous because the weapon was never in his possession; (2)…”

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