Delaware Gets a Red Flag Law

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Delaware Gets a Red Flag Law

Lawmakers in the Delaware Senate voted unanimously in favor of HB 222, which would enable a family member or law enforcement to seek an emergency “Lethal Violence Protection Order” to temporarily seize the guns from someone thought to be a threat to themselves or others. The measure passed the House earlier this month without a single opposing vote.

Under the bill, a court may authorize an LVPO for a period of up to one year but must allow the subject of such an order to petition for a hearing to have their guns returned. While those faced with an order can voluntarily hand over their firearms to law enforcement or a gun dealer to hold, the bill also enables police to conduct a search and seizure and guarantees the agency’s immunity from civil or criminal liability for any damage to guns stored or transported, barring intentional misconduct. Those making false reports could face perjury charges.

HB 222:
https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=26634&legislationTypeId=6&docTypeId=2&legislationName=HS1

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