8 Del. Laws 208 (1841)

Section 1. Be it enacted by the Senate and House of Representatives. of the State of Delaware in General Assembly met, that from and after the first day of June next it shall not be lawful for free negroes and free mulattoes to have own keep or possess any Gun, Pistol, Sword or any warlike instrument whatsoever; Provided however that if upon application of any such free negro or free mulatto to one of the Justice of the Peace of the county in which such free negro or free mulattoe resides it shall satisfactorily appear upon the written certificate certificate of of five or more respectable and judicious citizens of the neighbourhood that such free negro or free mulattoe is a person of fair character, and that the circumstances of his case justify his keeping and using a gun, then and in every such case it shall and may be lawful for such Justice to issue a license or permit under his hand and authorising such free negro or free mulattoe to have use and keep in his possession a gun or fowling piece; but nothing herein contained shall, authorise the issuing of a license or permit to any free negro or free mulattoe to keep and use any sword, pistol or other warlike instrument. Section 2. And be it further enacted by the authority aforesaid, that from and: after the said first day, of June next it shall 4 be the duty of the any Justice of the Peace whenever information shall be given him, or it shall otherwise come to his knowledge, that any free negro or free mulattoe is in possession of any gun without a license or permit as aforesaid or any pistol sword or other warlike instrument, to issue his warrant or precept to any constable of the county commanding him forthwith, to bring before such Justice such free negro or free mulattoe to answer the charge of offending against the provisions of the first section, of this act; and if upon a full hearing, it shall appear by the testimony of one or more competent witnesses, that such free negro or free mulattoe is an offender against the provisions of the first section of this act, according to true intent and meaning thereof he shall be adjudged to pay a fine of five dollars to the State, for the use of the poor of the county, where such proceeding are had: which fine with the costs as specified in the last section of this act shall be levied and made by execution process in the same manner as is directed by the act entitled "An Act providing for the recovery of smaIl debts."