Gov. John Carney signed House Substitute 1 for HB 222 into law. This “Red flag” legislation, allows a court to issue a lethal violence protection order in cases where a family member or law enforcement officer can show that the individual poses a danger to self or others by owning, possessing, controlling, purchasing or receiving a firearm.
“This new legislation is another tool to help law enforcement and our community confront gun violence,” Gov. John Carney said. “One piece of legislation alone will not solve the problem of gun violence, but with a comprehensive approach, along with efforts to strengthen security in our schools, we can make a difference. We’ve made great progress this legislative session and I would like to thank members of the General Assembly and advocates for their tireless work on this issue.”
This bill is the latest in a package of gun safety measures Governor Carney has signed into law this legislative session, including the Beau Biden Gun Violence Prevention Act, toughening penalties around straw purchases, and banning “bump stocks” in the state. A bill to ban assault weapons failed.
The powerful National Rifle Association focused its efforts on opposing the assault weapons ban.
The red flag bill had broad bipartisan support, although it was opposed by some who see any gun legislation as infringing on their rights.
The bill comes with amendments aimed at providing due process.
“This bill strengthens our current state law by creating a mechanism to temporarily prohibit individuals that pose an immediate threat of harm to themselves or others from possessing or purchasing firearms,” said Robert Coupe, secretary of the Delaware Department of Safety and Homeland Security. “Allowing law enforcement officers to request an emergency lethal violence protective order through the Justice of the Peace Court creates a process that can be quickly utilized in emergency situations thus increasing public safety.”
