Delaware General Assembly

Signed 10/2/15

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

SB 83

6/17/15

Henry

Rep. Longhurst

Sen. Peterson, Bonini, Townsend
Reps. Barbieri, Baumbach, Bolden, Heffernan, Jaques, Keeley, Kowalko, Lynn, B. Short

AN ACT TO AMEND TITLE 10 AND TITLE 11 OF THE DELAWARE CODE RELATING TO DOMESTIC VIOLENCE.

This Act makes several changes to Title 10 and Title 11 of the Delaware Code relating to domestic violence. First, this Act amends § 1045 of Title 10 relating domestic violence protective orders to clarify the procedures related to the temporary relinquishment of firearms in the possession of a respondent. Second, under this Act, relinquishments of firearms shall continue to be made to police officers and the Act adds federally-licensed firearms dealers located Delaware as an additional place for storage. Third, this Act expands the definition of the term “misdemeanor crime of domestic violence” in § 1448(a)(7) of Title 11 to include substantive dating relationships and people who have cohabited at the time of the offense or within 3 years prior to the offense. The existing law permits the Court, after issuing a protection from abuse finding and order, to order the temporary relinquishment of firearms and preventing the purchase of firearms during the life of the protection from abuse order. In 2007, the 144th General Assembly recognized that individuals in substantive dating relationships were also victims of domestic abuse who needed relief provided by the Protection from Abuse Act. The existing law includes civil protections for those persons who have experienced abuse in substantive dating relationships or from dating partners and cohabitants. In 2013, the Delaware Supreme Court found in Swanson v. Davis, 69 A.3d 372 (Del. 2013) the language including substantive dating relationships to be clear and unambiguous and upheld the law. After the 2007 inclusion of substantive dating relationships in the Protection from Abuse Act, there was no parallel inclusion regarding such relationships in the definition of “misdemeanor crime of domestic violence” which would prohibit the convicted person from purchasing or possessing a deadly weapon. It is the present public policy that those who are convicted of the misdemeanor crime of domestic violence should be deemed persons prohibited from purchasing, owning, or possessing firearms. This Act takes effect on January 1, 2017. Author: Senator Henry

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Takes effect upon being signed into law

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