11 Del. C. § 1459
Possession of a weapon with a removed, obliterated or altered serial number
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(a) No person shall knowingly transport, ship, possess or receive any firearm or firearm frame or receiver with the knowledge that the importer’s or manufacturer’s serial number has been removed, obliterated or altered in a manner that has disguised or concealed the identity or origin of the firearm.
(b) This section shall not apply to a firearm manufactured prior to 1973.
(c) Possessing, transporting, shipping or receiving a firearm with a removed, obliterated or altered serial number pursuant to this section is a class D felony.
71 Del. Laws, c. 251, § 1; 83 Del. Laws, c. 246, § 2;Notes of Decisions
Cited in 6
cases (3 in the last 5 years), 2016–2023 · leading case: Woody v. State
Woody v. State (2019)
“23 (18) 11 Del. C. § 1459 provides, in pertinent part, that: (a) No person shall knowingly transport, ship, possess or receive any firearm with the knowledge that the importer’s or manufacturer’s serial number has been removed, obliterated or altered in a manner that has…”
Hines v. State (2023)
“”37 The statute, 11 Del. C. § 1459, does not require the State prove a set time period for possession of a firearm, and the evidence offered by the State was sufficient to permit a rational jury, viewing the evidence in a light most favorable to the State, to find that the State…”
Waters v. State (2016)
“4 11 Del. C. § 1459. 511 Del. C. § 1257. Waters raises one claim on appeal.”
State v. Newman (2018)
“The statute under which the State charged Newman, 11 Del. C. § 1459, provides in its entirety as follows: (a) No person shall knowingly transport, ship, possess or receive any firearm with the knowledge that the importer's or manufacturer's serial number has been removed,…”
Howell v. State (2021)
“107 Presumably, this written instruction was part of the instructions to which Howell assented when the court conferred with counsel about the instructions 106 11 Del. C.§ 1459(a) (emphasis added). 107 Jury Instructions, D.”
Rigby v. Carney (2022)
“11 Del. C. § 1459. 4 11 Del. C. § 222(33) defines “three-dimensional printer” to be “a computer or computer- driven machine of [sic] device capable of producing a three-dimensional object from a digital model.”
— 11 Del. C. § 1459(a) — 2 cases
Howell v. State (2021)
“107 Presumably, this written instruction was part of the instructions to which Howell assented when the court conferred with counsel about the instructions 106 11 Del. C.§ 1459(a) (emphasis added). 107 Jury Instructions, D.”
Hines v. State (2023)
“”37 The statute, 11 Del. C. § 1459, does not require the State prove a set time period for possession of a firearm, and the evidence offered by the State was sufficient to permit a rational jury, viewing the evidence in a light most favorable to the State, to find that the State…”
— 11 Del. C. § 1459(b) — 1 case
Woody v. State (2019)
“23 (18) 11 Del. C. § 1459 provides, in pertinent part, that: (a) No person shall knowingly transport, ship, possess or receive any firearm with the knowledge that the importer’s or manufacturer’s serial number has been removed, obliterated or altered in a manner that has…”
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