House Bill 123 to Strengthen Legal Consequences for Shooting Incidents
April 17, 2025/
Delaware lawmakers have introduced legislation aimed at closing the existing gap between reckless endangerment and a felony charge when it comes to shooting incidents. Sponsored by Rep. Nnamdi Chukwuocha, Rep. Franklin Cooke, and Sen. Darius Brown, House Bill 123 would make it so that discharging a firearm at a dwelling, place of worship, vehicle, or place of business is a Class E Felony. Under current Delaware law, shooting into a home when no one is present can lead to a Criminal Mischief charge without a felony charge, depending on the level of property damage. If one shoots into a home when someone is present, they can be charged with Reckless Endangerment. Shooting incidents such as those outlined in HB 123 have happened frequently in population centers all over Delaware. HB 123 has been assigned to the House Judiciary Committee.
Additional Information from Legislative Hall:
People should be able to feel safe at home, at church, in their car, and when they’re out shopping,” said Rep. Nnamdi Chukwuocha.
“When a gun is discharged in or around these areas, regardless of whether or not someone is struck, the fear in the air almost feels tangible. You should be able to put your guard down within your own community, but current law makes it so these perpetrators face very few consequences, despite causing both psychological and property damage. I hope that the passage of HB 123 will bring more peace to our neighborhoods, and ensure that those causing harm are punished accordingly.”
Under current Delaware law, shooting into a home when no one is present can lead to a Criminal Mischief charge without a felony charge, depending on the level of property damage. If one shoots into a home when someone is present, they can be charged with Reckless Endangerment.
“As a former police officer, I’ve seen firsthand the damage that can be done by a stray bullet, even if it does not hit anyone. Communities across our state, including mine in the 16th District, are living in fear that they or their loved ones could lose their lives just sitting in their own homes,” said Rep. Franklin Cooke.
“A bullet fired into a building is never a random act. It’s a dangerous, reckless action that puts lives at risk. It’s long past time that Delaware law reflects the severity of these acts and holds offenders accountable.”
Shooting incidents such as those outlined in HB 123 happen frequently in population centers all over Delaware.
On November 24th, 2024, Dover Police responded to a shooting at 31 S. New St. The home was found to have been struck multiple times. There were 10 (9mm) shell casings found on the scene. No one was home and the only crime at the time was that of criminal mischief.
On January 28th, 2025, Dover Police responded to a shooting at 159 Willis Rd. The home was found to have been struck multiple times with shots having been fired through a rear sliding glass door and bedroom windows. In all, 13 (9mm) casings were collected from the scene. Subjects were inside the home and were unharmed.
The next day, officers responded to a shooting at 320 Tribbitt Street. The home was found to have multiple bullet holes in the siding and front door. There were 5 (9mm) casings collected from the scene. Subjects were inside the home and unharmed.
“Discharging a gun into a home is never acceptable, and whether intentional or reckless, poses an imminent public safety risk,” said Wilmington Police Chief Wilfredo Campos.
“Our department remains relentless in our efforts to hold gun offenders accountable and to reduce firearm crime in our neighborhoods, and this will be another valuable tool to support this critically important work.”
“The Constitution puts a priority on citizens feeling safe and secure in their dwellings and sanctuaries. There are those who choose to communicate or intimidate through random gunfire into these protected spaces. It can never be allowed to become normal. There must be effective accountability for these actions that so often affect our ‘at-risk’ communities and erode our perceptions of safety,” said Dover Police Chief Thomas A. Johnson.
“The Delaware policing community would like to thank our elected representatives for understanding this concern and acting decisively to install an effective deterrent.”
One key element of the proposed bill is a clause that prevents the unnecessary stacking of charges.
If a person is charged with a Class E Felony for violating the terms of HB 123, they cannot be charged with reckless endangering in the first degree, or both a violation of HB 123 and reckless endangering in the second degree, with regard to the same conduct.
“Gun violence is a daily reality that too many Delaware families are forced to endure — putting lives, safety, and entire neighborhoods at risk, especially in some of our most vulnerable communities,” said Senator Darius Brown, Senate Sponsor of House Bill 123.
“No Delawarean should live in fear of gun violence, and this legislation is a crucial step in ensuring that these devastating acts are met with justice and accountability.”