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DE HB285
Bill
Status
12/14/2017
Primary Sponsor
Andria Bennett
Click for details
AI Summary
HB 285 Summary
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Creates new procedures for temporarily relinquishing firearms from individuals deemed dangerous to self or others based on mental health reports, requiring Superior Court orders with clear and convincing evidence and full due process protections.
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Expands the definition of "persons prohibited" from firearm possession to include those subject to court relinquishment orders and clarifies that violent crime perpetrators found not guilty by reason of insanity, guilty but mentally ill, or mentally incompetent to stand trial are prohibited.
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Requires mental health professionals to report patients deemed dangerous to law enforcement, and establishes a Relief from Disabilities Board allowing prohibited persons to petition for restoration of firearm rights based on substantial evidence they are no longer dangerous.
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Allows courts to order voluntary or involuntary relinquishment of firearms and ammunition, issue search warrants for weapons seizure upon showing of good cause, and permits temporary orders lasting up to 60 days unless extended by the court.
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Extends emergency detention periods from 24 to 48 hours for adults and minors, clarifies that emergency detention does not constitute involuntary commitment for legal purposes, and requires expungement of detention records if individuals voluntarily admit to psychiatric treatment.
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
Introduced and Assigned to House Administration Committee in House
12/14/2017