Delaware General Assembly

House Judiciary 4/17/24

The General Assembly has ended, the current status is the final status.

4/17/24

Romer

Sen. Sokola

Reps. Heffernan, Morrison
Sen. Gay, Hoffner, Lockman, Townsend

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CIVIL PROCEDURES TO RELINQUISH FIREARMS OR AMMUNITION.

This Act makes technical changes for clarity by adding a definition of “mental condition” to the Code section that deals with relinquishment of firearms for persons who may be a danger to self or others (also known as a “red flag” law). It also extends the time periods for the Department of Justice to petition for a permanent order from 30 days to 60 days and allows the Superior Court to grant an extension of time to file for an additional 30 days. Under the existing law, the Superior Court may only grant a 15-day extension. The time within which a hearing is required to be held is extended from 15 days after the DOJ’s filing of a petition to 30 days. An ex parte emergency order issued by the JP Court will continue in effect during these time periods.

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Takes effect upon being signed into law

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