Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure

11 Del. C. § 1447A

Possession of a firearm or projectile weapon during commission of a felony; class B felony

Find cases: SyfertCases citing this section DE-DELCdelcode.delaware.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(a) A person who is in possession of a firearm or projectile weapon during the commission of a felony is guilty of possession of a firearm or projectile weapon during the commission of a felony. Possession of a firearm or projectile weapon during the commission of a felony is a class B felony.

(b) A person convicted under subsection (a) of this section shall receive a minimum sentence of 3 years at Level V, notwithstanding the provisions of § 4205(b)(2) of this title.

(c) A person convicted under subsection (a) of this section, and who has been at least twice previously convicted of a felony in this State or elsewhere, shall receive a minimum sentence of 5 years at Level V, notwithstanding the provisions of §§ 4205(b)(2) and 4215 of this title.

(d), (e) [Repealed.]

(f) Every person charged under this section over the age of 16 years who, following an evidentiary hearing where the Superior Court finds proof positive or presumption great that the accused used, displayed, or discharged a firearm or projectile weapon during the commission of a Title 11 or a Title 31 violent felony as set forth in § 4201(c) of this title, shall be tried as an adult, notwithstanding any contrary provisions or statutes governing the Family Court or any other state law. The provisions of this section notwithstanding, the Attorney General may elect to proceed in Family Court.

(g) 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 firearm or projectile weapon is a lesser included felony of the one originally charged.

69 Del. Laws, c. 229, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 596, §  7;  73 Del. Laws, c. 107, §§  2, 3;  81 Del. Laws, c. 252, § 1;  82 Del. Laws, c. 66, § 2;  84 Del. Laws, c. 525, § 7; 
Notes of Decisions
Cited in 101 cases (72 in the last 5 years), 2005–2026 · leading case: State v. Bridgers
Sort: Relevance Newest Treatment
State v. Bridgers (2007) delsuperct “…. 11 Del. C. § 1447A(2006). 4 . 11 Del. C. §§ 4205(b)(2) and (d) (2006). <a class="fo”
Jones v. Carroll (2005) ded “Weapons conviction The jury convicted petitioner of possession of a firearm during the commission of a felony under 11 Del. C. Ann. § 1447A. In order “to secure a conviction pursuant to Section 1447, the State is required to establish that at the time [the defendant] was engaged…”
Vessels v. State (2009) del “Therefore, the sentences imposed on Vessels for the PFDCF (five years at Level V incarceration, before suspension) and the PDWPP (one year at Level V incarceration before suspension) convictions were mandatory minimal sentences (11 Del. C. §§ 1447A(c), 1448(e)(1)(a)). [6] The…”
State v. Ackridge (2021) delsuperct · cites it 8× “§ 1011 and challenges whether the State has established its burden of proof positive or presumption great for the PFDCF charges under 11 Del. C. § 1447A(f). Upon consideration of the reverse amenability hearing held on November 19, 2020, the parties’ submissions, oral arguments,…”
State v. Brown (2019) delsuperct · cites it 7× “§ 1011 and the recently amended 11 Del. C. § 1447A. After consideration of the parties’ submissions, oral arguments, and the record in this case, the Court finds that the State has not established proof positive or presumption great that Defendant used or displayed a firearm…”
State v. Ackridge (2021) delsuperct · cites it 5× “§ 1011 after the Court found that the State did not establish its burden of proof positive or presumption great for the firearm charges under 11 Del. C. § 1447A(f), ruling additionally that transfer of the remaining charges was also warranted under 10 Del.”
State v.Sharpe (2020) delsuperct · cites it 4× “11 Del. C. § 1447A(Pf). 4 See id. 1S See In re Steigler, 250 A.”
State v. Wisher (2020) delsuperct · cites it 4× “’® Since Defendant is over the age of sixteen and also charged for Possession of a l‘irearm During Commission of a Felony, 11 Del. C. § 1447A(f)’ requires the Court to make a finding of proof positive or presumption great that the accused used, displayed or discharged a firearm…”
State v. Singletary (2021) delsuperct · cites it 4× “10, 2020) (citing 11 Del. C. § 1447A(D). &#x27;&#x27; See In re Steiger, 250 A.”
State v. Palmer (2022) delsuperct · cites it 4× “Palmer was subject to a five-year minimum due to operation of 11 Del. C. § 1447A(c). And so, the Court questioned Mr.”
State v. Santiago (2023) delsuperct · cites it 3× “Therefore, the PFDCF convictions cannot stand in the face of an acquittal of the 6 analysis of that statute, 11 Del. C. § 1447A. That analysis centered not on subsection (a) of the statute, which makes commission of a felony an element of the offense, but on subsection (g),…”
State v. Rogers (2023) delsuperct · cites it 3× “Notwithstanding this mandate, the analytical framework available under § 1011(b) asks this Court to weigh certain factors to determine if this now 17-year-old Defendant may still be amenable to rehabilitative 27 11 Del. C. § 1447A(f). See also 11 Del. C.”
Show all 101 citing cases →
— 11 Del. C. § 1447A(1) — 1 case
State v. Brown (2019) delsuperct “§ 1011 and the recently amended 11 Del. C. § 1447A. After consideration of the parties’ submissions, oral arguments, and the record in this case, the Court finds that the State has not established proof positive or presumption great that Defendant used or displayed a firearm…”
— 11 Del. C. § 1447A(2006) — 1 case
State v. Bridgers (2007) delsuperct “…. 11 Del. C. § 1447A(2006). 4 . 11 Del. C. §§ 4205(b)(2) and (d) (2006). <a class="fo”
— 11 Del. C. § 1447A(A) — 1 case
State v. Anderson (2020) delsuperct
— 11 Del. C. § 1447A(D) — 1 case
State v. Singletary (2021) delsuperct “10, 2020) (citing 11 Del. C. § 1447A(D). &#x27;&#x27; See In re Steiger, 250 A.”
— 11 Del. C. § 1447A(Pf) — 1 case
State v.Sharpe (2020) delsuperct “11 Del. C. § 1447A(Pf). 4 See id. 1S See In re Steigler, 250 A.”
— 11 Del. C. § 1447A(a) — 17 cases
Brooks v. State (2021) del
State v. Wilkerson (2021) delsuperct
St. v. Terreros (2021) delsuperct
Yelardy v. State (2022) del
State v. Santiago (2023) delsuperct “Therefore, the PFDCF convictions cannot stand in the face of an acquittal of the 6 analysis of that statute, 11 Del. C. § 1447A. That analysis centered not on subsection (a) of the statute, which makes commission of a felony an element of the offense, but on subsection (g),…”
— 11 Del. C. § 1447A(b) — 9 cases
Shelley v. State (2018) del
Smith v. State (2022) del
State v. Johnson (2023) delsuperct
State v. Shelley (2023) delsuperct
State v. Wharton (2024) delsuperct
— 11 Del. C. § 1447A(c) — 10 cases
Vessels v. State (2009) del “Therefore, the sentences imposed on Vessels for the PFDCF (five years at Level V incarceration, before suspension) and the PDWPP (one year at Level V incarceration before suspension) convictions were mandatory minimal sentences (11 Del. C. §§ 1447A(c), 1448(e)(1)(a)). [6] The…”
State v. Palmer (2022) delsuperct “Palmer was subject to a five-year minimum due to operation of 11 Del. C. § 1447A(c). And so, the Court questioned Mr.”
State v. Deputy, Gee, Turner, and Wright (2026) delsuperct
Stanley v. State (2022) del
Anderson v. State (2022) del
— 11 Del. C. § 1447A(d) — 3 cases
Martin v. State (2023) del
State v. James (2025) delsuperct
IMO the Petition of Derrick Smith for a Writ of Prohibition (2026) del
— 11 Del. C. § 1447A(e) — 4 cases
State v. Iverson (2019) delsuperct
Johnson v. State (2020) del
Grimes v. State (2021) del
IMO the Petition of Derrick Smith for a Writ of Prohibition (2026) del
— 11 Del. C. § 1447A(f) — 19 cases
State v. Ackridge (2021) delsuperct “§ 1011 and challenges whether the State has established its burden of proof positive or presumption great for the PFDCF charges under 11 Del. C. § 1447A(f). Upon consideration of the reverse amenability hearing held on November 19, 2020, the parties’ submissions, oral arguments,…”
State v. Ackridge (2021) delsuperct “§ 1011 after the Court found that the State did not establish its burden of proof positive or presumption great for the firearm charges under 11 Del. C. § 1447A(f), ruling additionally that transfer of the remaining charges was also warranted under 10 Del.”
State v. Brown (2019) delsuperct “§ 1011 and the recently amended 11 Del. C. § 1447A. After consideration of the parties’ submissions, oral arguments, and the record in this case, the Court finds that the State has not established proof positive or presumption great that Defendant used or displayed a firearm…”
State v. Wisher (2020) delsuperct “’® Since Defendant is over the age of sixteen and also charged for Possession of a l‘irearm During Commission of a Felony, 11 Del. C. § 1447A(f)’ requires the Court to make a finding of proof positive or presumption great that the accused used, displayed or discharged a firearm…”
State v.Sharpe (2020) delsuperct “11 Del. C. § 1447A(Pf). 4 See id. 1S See In re Steigler, 250 A.”
— 11 Del. C. § 1447A(g) — 3 cases
St. v. Terreros (2021) delsuperct
State v. Santiago (2023) delsuperct “Therefore, the PFDCF convictions cannot stand in the face of an acquittal of the 6 analysis of that statute, 11 Del. C. § 1447A. That analysis centered not on subsection (a) of the statute, which makes commission of a felony an element of the offense, but on subsection (g),…”
Santiago v. State (2024) del
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.