House Bill 46 Summary

• Amends Title 11 of Delaware Code to establish a 60-day notice and claim period for owners of validly seized weapons and ammunition before law enforcement may dispose of them.

• Requires law enforcement to send written notice via certified mail to the owner's last-known address (based on driver's license, vehicle registration, or DMV ID) of intent to dispose of seized weapons, with a 60-day window for the owner to claim the weapon.

• Prohibits disposal of firearms relinquished under Protection from Abuse orders until after the order expires or is terminated, then allows disposal if unclaimed within 60 days of notice.

• Shifts burden of proof to owners and third parties claiming seized weapons to prove ownership and that they are not prohibited from possessing firearms under Delaware, federal, or other state law.

• Expands prohibited persons definition in firearm seizure statutes from specific violations to any person prohibited under Delaware law, federal law, or any other state law.