AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION AND PURCHASE OF DEADLY WEAPONS BY PERSONS PROHIBITED.

Plain English Breakdown

The effective date is listed as empty in the metadata and does not appear in the bill excerpt provided.

HB342: Extending Deadly Weapon Bans for Out-of-State Protective Orders

This bill changes Delaware law to stop people who have active protection orders from other states or territories that meet specific criteria from buying, owning, possessing, or controlling deadly weapons.

What This Bill Does

• Amends Title 11 of the Delaware Code regarding rules for purchasing and possessing deadly weapons.
• Adds out-of-state domestic violence protection orders to the list of reasons a person cannot own guns if they meet specific conditions.
• Requires that an out-of-state order must either explicitly ban weapon possession or meet federal standards under 18 U.S.C. § 922(g)(8).
• Keeps existing rules for Delaware Family Court protective orders, including exceptions for certain contested orders.

Who It Names or Affects

• People subject to domestic violence protection orders issued by courts outside of Delaware that meet specific criteria.
• Individuals currently holding out-of-state orders that ban them from possessing deadly weapons or meet federal standards.

Limits and Unknowns

• The official text does not specify the exact date this law will take effect.
• Out-of-state orders only apply if they explicitly ban weapon possession or meet specific federal criteria under 18 U.S.C. § 922(g)(8).
• Exceptions for certain contested Delaware Family Court orders remain unchanged.

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION AND PURCHASE OF DEADLY WEAPONS BY PERSONS PROHIBITED.
Current law prohibits persons subject to Family Court protective orders from purchasing or possessing deadly weapons, with some exceptions. This Act extends this prohibition to individuals with out-of-state protective orders as well.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Griffith & Sen. Poore

Reps. Berry, Gorman, K. Johnson, Morrison, Romer, Ross Levin, Snyder-Hall, Chukwuocha, Harris; Sens. Sokola, Hansen, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 342

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION AND PURCHASE OF DEADLY WEAPONS BY PERSONS PROHIBITED.

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

Section 1. Amend § 1448, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1448. Possession and purchase of deadly weapons by persons prohibited; penalties.

(a) Except as otherwise provided in this section, the following persons are prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm within the State:

(6) Any person who knows that the person is subject to

a Family Court protection from abuse order

1 of the following:

a. A Family Court protection from abuse order,

but only for so long as the order remains in

effect,

effect.

except that this

This

paragraph

shall

does

not apply to a contested order issued solely upon § 1041(1)d., e., or i. of Title 10, or any combination thereof.

b. A domestic violence protection order issued by a court of another state or territory if either of the following apply:

1. The person is prohibited under the order to purchase, own, possess, or control a deadly weapon or ammunition for a firearm.

2. The order meets the criteria of 18 U.S.C. § 922(g)(8).

SYNOPSIS

Current law prohibits persons subject to Family Court protective orders from purchasing or possessing deadly weapons, with some exceptions. This Act extends this prohibition to individuals with out-of-state protective orders as well.