HB 88 - Prohibits Certain Individuals with Mental Health Issues from Possessing Firearms - Delaware Key Vote

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Title: Prohibits Certain Individuals with Mental Health Issues from Possessing Firearms

Vote Smart's Synopsis:

Vote to pass a bill that prohibits certain individuals with mental health disorders from possessing firearms.

Highlights:

  • Prohibits the following individuals from possessing or purchasing a firearm (Sec. 1):
    • An individual found not guilty by reason of insanity or found guilty but mentally ill;
    • An individual found mentally incompetent to stand trial for a violent crime; and
    • An individual who has been the subject of a court order to relinquish his or her firearms.
  • Requires a law enforcement agency to investigate an individual reported by a mental health professional, hospital, or other institution to be a danger to himself or herself or others, in order to determine if the individual’s firearms should be relinquished (Sec. 2).
  • Specifies that if the law enforcement agency determines that firearms should be relinquished, the Department of Justice is authorized to request from the Superior Court an order prohibiting the individual from the possession and purchasing of a firearm (Sec. 2).
  • Authorizes an individual to present evidence in his or her defense during the Superior Court proceedings regarding the relinquishment of his or her firearms, and authorizes an individual to petition the Superior Court to have his or her firearms returned (Sec. 2).
  • Authorizes an individual “aggrieved by a decision” of the Superior Court regarding the relinquishment of firearms to appeal such decision to the Supreme Court (Sec. 2).

Title: Prohibits Individuals with Certain Mental Health Conditions from Possessing Firearms

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