Delaware General Assembly


CHAPTER 69

FORMERLY

HOUSE BILL NO. 175

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND SUBCHAPTER III OF CHAPTER 31 OF TITLE 20 OF THE DELAWARE CODE PERTAINING TO THE EXERCISE OF EMERGENCY POWERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 3116 of Title 20 of the Delaware Code by adding thereto a new subsection “(c)” to read as follows:

“(c) During an emergency or disaster:

(1) Nothing contained in this Section shall be construed as granting the power to suspend or limit the right of law abiding citizens to keep and bear arms for defense of self, family, home and State as guaranteed by Article I, Section 20 of the Delaware Constitution; and

(2) Nothing contained in this Section shall prevent law-abiding citizens, during such emergency or disaster, from taking reasonable steps to safeguard their arms from destruction, looting or theft, including but not limited to their removal of such items from areas of danger to locations of relative safety.”

Approved June 28, 2007