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DE HB88
Bill
Status
5/14/2013
Primary Sponsor
Michael Barbieri
Click for details
AI Summary
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Expands prohibited persons from firearm possession to include those found not guilty by reason of insanity, guilty but mentally ill, or mentally incompetent to stand trial for crimes of violence (including juveniles in these categories)
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Creates new §1448B establishing civil court procedures for law enforcement to petition Superior Court for orders requiring dangerous persons to relinquish firearms and ammunition based on preponderance of evidence standard
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Requires mental health professionals, hospitals, institutions, and agencies to report persons they determine are dangerous to others or self to law enforcement, with expanded liability protections for such disclosures under §5402
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Allows persons subject to firearm relinquishment orders to petition courts to restore weapons by proving they are no longer dangerous, and establishes procedures for courts to order voluntary or compulsory surrender or search and seizure of weapons
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Effective 90 days after enactment, with agencies directed to develop implementing regulations and training on mental health risk assessment and violence history evaluation
Legislative Description
An Act To Amend Title 11 Of The Delaware Code Relating To Possession Of Deadly Weapons By Persons Prohibited And Title 16 Of The Delaware Code Relating To Health And Safety.
Last Action
Defeated by Senate. Votes: Defeated 6 YES 13 NO 2 NOT VOTING 0 ABSENT 0 VACANT
6/27/2013