The Delaware Department of Safety and Homeland Security (DSHS) is encouraging any Delaware resident interested in receiving an assault weapon certificate of possession in accordance with the Delaware Firearms Safety Act of 2022 to take action by making an appointment with the State Bureau of Identification.

Over the past three weeks, DSHS provided Delaware residents with opportunities in each county to obtain an assault weapon certificate of possession. To accommodate residents who were unable to participate in these public events, DSHS will issue certificates by appointment through June 30, 2023.

Residents can schedule an appointment by emailing DEFirearmSafetyAct2022@Delaware.gov or by calling (302) 744-2680. Appointments will be held at the DSP State Bureau of Identification at 600 Bay Road, Suite 1B, in Dover. After June 30, 2023, residents who inherit an assault weapon purchased prior to June 30, 2022 can make an appointment to receive a certificate.

The Delaware Lethal Firearms Safety Act of 2022 prohibits the manufacture, sale, offer to sell, transfer, purchase, receipt, possession, or transport of assault weapons in the state, subject to certain exceptions. One exception is for individuals who lawfully possessed or had completed a purchase of the weapon before June 30, 2022.

This process is voluntary. The Certificate of Possession constitutes “conclusive evidence” that a person lawfully possessed or had completed a purchase of an assault weapon before June 30, 2022, and is entitled to possess and transport the weapon on or after that date.

To receive a certificate of possession, residents must present the following documentation:
• A valid Delaware driver’s license, Delaware identification card, or United States passport.
• A dated bill of sale, receipt of purchase, or record of transfer from a licensed firearms dealer for weapons that were purchased that reflect a completed sale or possession prior to June 30, 2022.
• For inherited weapons, a will or other documentation substantiating that the weapon was received through inheritance.
• DSHS will not maintain any record of the issuance of the certificate, as required by the Act.
• Residents must bring the weapons for which the certificate of possession is sought, but all
weapons must be unloaded and left secured in their vehicles. Residents must enter the
building unarmed.

Residents are encouraged to review 83 Del. Laws, c. 328, § 1 for more information on the Act.

On June 30, 2022, Gov. Carney signed into law the Delaware Lethal Firearms Safety Act of 2022 prohibiting the manufacture, sale, offer to sell, transfer, purchase, receipt, possession, or transport of assault weapons in Delaware, subject to certain exceptions.  One such exception to the Act’s ban is for individuals who lawfully possessed, or who had completed a purchase of, the weapon prior to June 30, 2022.

The Act requires that the Department of Safety and Homeland Security (“DSHS”) issue certificates of possession to individuals who meet this exception.

Individuals lawfully possessing an assault weapon pursuant to this exception to the ban are not required to request a certificate of possession, but the Act provides that the certificates of possession constitute “conclusive evidence” that a person lawfully possessed or had completed a purchase of an assault weapon before June 30, 2022, and is entitled to possess and transport the weapon on or after that date.

DSHS will offer certificates of possession to Delaware residents at the locations and on the dates below.

Saturday, May 27, 2023

New Castle County
Delaware State Police – Troop 2
100 Lagrange Avenue, Newark, DE 19702
Time: 9:00 AM – 5:00 PM

Saturday, June 3, 2023

Sussex County
Delaware State Police – Troop 7
19444 Mulberry Knoll Road, Lewes, DE 19958
Time: 9:00 AM – 5:00 PM

Saturday, June 10, 2023

Kent County
DSP State Bureau of Identification
600 Bay Road, Suite 1B, Dover, DE, 19901
Time: 9:00 AM – 5:00 PM

INSTRUCTIONS:

To receive a certificate of possession, residents must present the following documentation:

• A valid Delaware driver’s license, Delaware identification card, or United States passport.
• A dated bill of sale, receipt of purchase, or record of transfer from a licensed firearms dealer for weapons that were purchased that reflect a completed sale or possession prior to June 30, 2022.
• For inherited weapons, a will or other documentation substantiating that the weapon was received through inheritance.
• DSHS will not maintain any record of the issuance of the certificate, as required by the Act.
• Residents must bring the weapons for which the certificate of possession is sought, but all weapons must be unloaded and left secured in their vehicles. Residents must enter the buildings unarmed.

Residents are encouraged to review 83 Del. Laws, c. 328, § 1 for more information the Act. For questions, residents can call (302) 744-2680 or send an email to: DEFirearmSafetyAct2022@delaware.gov

A 37-year-old Newark man will spend the next 23 years in prison after sentencing by a Superior Court judge on weapons, identity theft, and reckless driving charges. Deputy Attorney General Marc Petrucci secured the sentence for Damien Roberts. In November 2016, New Castle County police officers found Roberts unresponsive inside of his car in the middle of the intersection of Route 40 and Brookmont Drive, with the car running and in gear. Officers broke a window to check on the welfare of Roberts, and then ordered Roberts out of the car after noticing a magazine for a firearm tucked under his leg. Roberts gave police a fake name after officers found a 40-caliber handgun in his pant leg. Roberts was barred from having a gun because of previous weapons and robbery convictions. A Superior Court judge sentenced Roberts for his January 2018 guilty plea to Possession of a Firearm by a Person Prohibited, Carrying a Concealed Deadly Weapon, Reckless Driving – Alcohol Related, and Identity Theft, to 23 years in prison, followed by 6 months of either home confinement or work release, then 18 months of probation. New Castle County Police Officers Det. Brian Shahan, Det. Daryl Haines, Det. Jennifer Escheman, Ofc. Paul Ruszkay and Sgt. Justin Breslin investigated the case. DOJ paralegal Donna Lee also assisted in the prosecution.

A social media video showing a 22-year old Bridgeville man with several guns led to a 5-year prison sentence. Deputy Attorney General Kevin Gardner secured the sentence after a guilty plea from Elijah Desir. In October 2017, Desir posted a Snapchat video showing himself with several guns, including holding what appeared to be an AK-47-style assault rifle. Desir cannot possess a gun because of a Reckless Endangering First Degree conviction in 2016. Desir pled guilty to Possession of a Firearm by a Person Prohibited, and was immediately sentenced by a Superior Court judge to 5 years in prison followed by 1 year of probation.

Deputy Attorney General Mark Denney secured a prison sentence for a Wilmington man declared a habitual offender for his conviction on a weapons charge. In June 2017, a probation officer doing a curfew check on Terrance Jackson, 29, found Jackson outside of his home in the 2500 block of North Washington Street, which was a violation of his curfew. The curfew violation led to a search of Jackson’s home, which turned up a .357 magnum revolver. Jackson, prohibited from having a gun because of past violent felony convictions on drug and weapons charges, pled guilty in January 2017 to Possession of a Firearm by a Person Prohibited. A Superior Court Judge sentenced Jackson to 15 years in prison, with 18 months of probation re-imposed from a 2016 conviction for Drug Dealing Heroin.

Others face prison time for rape, gun, and drug charges

A 30-year-old Magnolia man was sentenced to prison in connection with a July 2015 killing in the Simon Circle neighborhood in Dover. Deputy Attorney General Stephen Welch secured the sentence for Erick Morton, after Morton pled guilty to Manslaughter. Morton was identified by surveillance video from municipal cameras that captured him shooting 35-year-old Jamal Weeks of Dover, in the 900 block of North Street. Morton was sentenced by Judge William Witham to 20 years in prison, suspended after 5 years for 6 months of Level IV work release, followed by 1 year of Level III probation and 1 year of Level II probation.

Deputy Attorney General Periann Doko secured a prison sentence for Charles Johnson, 34, of Wilmington. In February 2014, Johnson was arrested after being involved in a heroin deal. Johnson fled from police as they tried to stop his car, throwing money out of the window as he drove. Johnson pled guilty in May 2016 to Drug Dealing (Tier 2 quantity of heroin) and Disregarding a Police Signal. He was sentenced as a habitual offender due to previous violent drug and assault convictions to five years in prison, followed by probation.

Deputy Attorneys General Caterina Gatto and Christina Kontis secured a five-year prison sentence for Malik Moss, 31, of Bear after convicting him at trial in February for Drug Dealing (Tier 4 quantity of heroin), Aggravated Possession of Heroin, Disregarding a Police Officer’s Signal, Possession of Marijuana and Reckless Driving. In April 2014, Moss fled from police during a traffic stop. The car was found abandoned on the front lawn of a nearby residence. A large amount of heroin, some marijuana, and a cell phone were left behind. The vehicle and drugs were linked back to Moss through fingerprint and cellphone analysis.

Deputy Attorney General Sonia Augusthy secured an eight-year prison sentence for 19-year-old Al-Ghaniyy Price of Wilmington. Price pled guilty in April to Maintaining a Drug Property, Possession of a Firearm by a Person Prohibited, Possession of Ammunition by a Person Prohibited, and Drug Dealing (Tier 4 quantity of heroin). Price was arrested in May 2015 as part of an investigation into drug activity in the Sparrow Run neighborhood. When police entered his bedroom in his mother’s home, they found more than 150 grams of heroin, a 9-mm handgun, and ammunition. Price was sentenced by Judge John A. Parkins, Jr. to a total of eight years in prison, followed by six months at Level IV, then two years of Level III probation. DAG Augusthy also secured a prison sentence Mik’trell Spriggs, 22, of Sparrow Run, as a result of his conviction in the same drug investigation. Spriggs was charged with selling crack cocaine while on probation for a previous drug dealing conviction. Spriggs was sentenced to a total of eight-and-a-half years at Level V for three counts of Drug Dealing, as well as his Violation of Probation. His prison term will be followed by 6 months at Level IV, and 18 months of Level III probation.

Deputy Attorney General Jan van Amerongen secured a prison sentence for Paul Brunhammer, 34, of Salem, New Jersey. Brunhammer pled guilty in May to Rape Third Degree in a case from 2010. Brunhammer raped the daughter of his ex-girlfriend while he was visiting the mother’s home in Newark. When the victim reported the assault, Brunhammer was incarcerated in New Jersey for an unrelated sexual assault. Brunhammer was returned to Delaware earlier this year to face the new charge after completing his New Jersey sentence for Aggravated Sexual Assault. Judge William C. Carpenter, Jr. sentenced Brunhammer to 25 years in prison, suspended after 10 years for two years of Level III probation, and ordered him to register as a Tier III sex offender.

WILMINGTON, DE – The Department of Justice’s continuing efforts to target serious juvenile gun offenses has led to the decision to hear the gun-related cases of three local teenagers in Superior Court. The Attorney General recently began personally reviewing each new juvenile gun offense, and has directed that some offenses which would previously have been handled as delinquency cases in Family Court be treated instead as adult cases due to their severity and/or the defendant’s history with the criminal justice system.

After prevailing in a Family Court hearing, the illegal gun possession case of 17-year-old John Brisco was transferred to New Castle County Superior Court. Brisco, on probation for a previous person prohibited for felony ammunition charge, was arrested in February, after a picture on one of his social media sites allegedly showed him with a gun. A probation officer found a loaded 9mm semi-automatic handgun in the bedroom of his Wilmington home. Deputy Attorney General Mark Denney successfully argued in Family Court for the case to be transferred to Superior Court and tried as an adult case.

The cases of two other juveniles will also be heard in Superior Court. Based on the nature of their charges, a 16-year-old and 15-year-old will both be tried as adults. The two were allegedly involved in the armed robberies of a convenience store and a donut shop in New Castle in April of this year. The Department of Justice is not releasing the identities of the juveniles pending indictment until the Superior Court agrees to try them as adults.

Trial success:

Deputy Attorneys General Periann Doko and Julie Finocchiaro secured a conviction against Curtis Finney, 21, of New Castle, in a jury trial. During a traffic stop in August 2013, police found two loaded handguns, and 378 bags of heroin in a car driven by Finney. Finney was convicted of multiple counts of drug dealing, possession of a firearm during the commission of a felony, and possession of a firearm by a person prohibited. As a result, Finney will receive a minimum mandatory of 22 years in prison when sentenced later this year. Finney also received an 8-year prison sentence on his violation of probation in this case when prosecuted by Deputy Attorney General Mark Denney.

Deputy Attorney General John Taylor secured a conviction against 21-year-old Balisha White of New Castle in a jury trial, being found guilty of theft and resisting arrest. In August 2014, White broke into a home in the 2500 block of North Broom Street in Wilmington, stole items from the home, and then ran from police. White was immediately sentenced to a year in prison, suspended for a year’s probation on each count.

Deputy Attorney General Zachary Rosen secured a conviction against Howard Walsh, 50, of Wilmington. Walsh was found guilty on three counts of possession of a firearm by a person prohibited, one count of possession of ammunition by a person prohibited, one count of carrying a concealed dangerous instrument, and one count of criminal impersonation. In October 2014, police responded to Miller’s Gun Center in New Castle after receiving reports of a person with a gun wearing body armor. A woman purchased a gun and then gave it to Walsh, who then falsely told police he was a detective.

Deputy Attorney General Caroline Brittingham secured a conviction against Leroy Mitchell, 29, of Wilmington, for drug dealing and disregarding a police officer’s signal, related to a chase with the Laurel Police Department. Mitchell drove away from police during a traffic stop, then after crashing through a fence, fled on foot. When fleeing, he threw multiple logs of heroin that had been in a bag in his car.

Deputy Attorney General Kevin Gardner secured a guilty verdict against 56-year-old Stephen Shaw of Brookhaven, PA, for his third DUI offense. In March 2014, police found Shaw slumped over the steering wheel of his car in a parking lot in the 1200 block of Savannah Road in Lewes. Police noticed the smell of alcohol, and Shaw was unable to maintain his balance once getting out of the car. A subsequent blood draw showed his blood alcohol level to be .24.

Sentencing success:

Deputy Attorney General Lindsay Taylor secured a 7-year prison sentence for 27-year-old Stephen Hoffrage of Dover, for third degree rape. Hoffrage met his 15-year-old victim on a social messaging app, and raped her at her home in Smyrna. As a result of his conviction, Hoffrage is now registered as a Tier III sex offender.

Deputy Attorney General John Taylor secured a plea form Barry White, 39, of Wilmington, for possession of a firearm by a person prohibited, and two violations of probation: one for drug dealing, the other for first degree assault. During a traffic stop in November 2014, officers noticed the smell of marijuana, and White admitted to having marijuana with him. Police also found White had a gun. The court sentenced White to 15 years suspended after 10 on the gun charge, 6 years suspended after 3 years on the assault, and re-imposed probation for the drug dealing.

Deputy Attorney General Jamie McCloskey secured a plea from 29-year-old Ralph Nock for home invasion and first degree robbery. In September 2014, Nock robbed two people at knife-point inside a home in the 100 block of Cross Avenue in New Castle. Nock was immediately sentenced to nine years in prison.

Deputy Attorney General Jamie McCloskey secured a plea from Scott Newcomer, 28, of New Castle, for second degree burglary and felony theft. In November 2014, Newcomer climbed through the window of a house in the unit block of Scottie Lane in New Castle, ransacked the house, and stole several items. Upon entering his plea, Newcomer was immediately to three years in prison.

Deputy Attorney General Timothy Maguire secured a plea from David Griffin, for a fourth DUI. Griffin was sentenced to 5 years in prison, suspended after nine months for one year supervised probation, as well as a $3,000 fine, the Statutory DUI Course/loss of license and Transdermal Alcohol Monitoring. In December 2014, Griffin was involved in a hit and run accident. He was also ordered to pay restitution.

Resolution success:

Deputy Attorney General Eric Zubrow secured guilty pleas for two counts of second degree conspiracy, and one count of criminal solicitation from Richard Ray, 27, of Wilmington. While in prison, Ray convinced his brother to commit a robbery in hopes of getting enough money for bail. He was also rearrested during his brother’s trial for witness intimidation, resulting in the second conspiracy charge.

Deputy Attorney General John Taylor secured a guilty pleas from Jamaal Dearry, 29, of Bear, for drug dealing, possession of a firearm by a person prohibited, and possession of a firearm during the commission of a felony. While executing a search warrant in November 2014, the Special Operations Response Team (S.O.R.T.) found drugs in an apartment on Brookside Boulevard in Newark, where Dearry was with three other people. He is facing fifteen years minimum mandatory prison time.