Delaware Concealed Carry Forum
State News & Gun News => Delaware News => Topic started by: Cbmarine on January 20, 2018, 01:50:17 AM
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A new mental health bill relating to weapons possession, HB 302 (https://legis.delaware.gov/BillDetail?LegislationId=26250) was introduced into the Delaware House Judiciary Committee on 1/16/2018 with committee hearing 12 days thereafter. Please read and comment.
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I have not read the bill, but from comments I have read, anyone can deem you unfit and you have little recourse. Sounds like typical progressive anti gun legislation. I think Radnor is whacko, therefore he is and we haul away his guns.....we saved the world again!!
Bill
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That I am....
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I suggest reading the bill. It is not the “ex parte” bilge previously proposed. Context is “not guilty be reason of insanity” et al. Requires the following:
(c)(1) The following procedures govern a proceeding under paragraph (b)(2) of this section:
a. The Department of Justice has the burden of proving by clear and convincing evidence that the individual is dangerous to others or self.
b. If a hearing is held, the hearing must be closed to the public and testimony and evidence must be kept confidential, unless the individual requests the hearing be public.
c. If a hearing is held, the hearing must be on the record to allow for appellate review.
d. The individual has the right to notice of a hearing, to be heard, to be represented by counsel, to present evidence, and to cross-examine adverse witnesses.
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Just passed in the House. (http://legis.delaware.gov/BillDetail?legislationId=26339) Moved to Senate Judiciary Committee.
State Rep. Ruth Briggs King, R-Georgetown, said the measure shifts the emphasis regarding incidents of mass violence from the potential weapons to the potential perpetrators. "This places the focus on the individuals, not the method they may use to commit those crimes. Through this, we can identify someone who may be thinking of harming themselves or others, remove some potential risk, and get them the treatment they need."
Perhaps this will slow down HB 330 age limit bill.
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Excellent CB.
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It says...after a report from a health care provider".... I guess that means it can't just be he says-she says, type thing. And there seems to an appeal and removal process.
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Senate Judiciary & Community Affairs Cmte mtg (http://legis.delaware.gov/MeetingNotice?committeeMeetingId=1729)is back on for the 18th.
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HB 302 (http://legis.delaware.gov/BillDetail?legislationId=26339) was passed out of the Senate Judicial & Community Affairs Committee with all 5 members approving “On its merits”. None “Favorable” or “Unfavorable”.
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HB 302 (https://legis.delaware.gov/BillDetail/26339)passed the Senate today 21-0. Bill is effective upon the Governor's signature but it is not apparent when that will happen. This bill changes wording in Title 16 to allow mental health institutions, agencies, and hospitals to be sued if the patient threatens and they don't report to law enforcement.
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I don't have a problem with this bill, as long as it is medical professionals doing the reporting. It was originally written where your neighbor could rat you out, and you had little recourse initially.
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At least they are laying the grounds for due process by ensuring there is a record for appellate review. It is also positive that the legislations states the burden is on the DOJ to prove unfitness. The problem with the current trend of the gun ex parte orders is they start with a presumption the request is valid and unlike many legal presumptions or burdens of proof, that one party system doesn’t even provide a rebuttable presumption, it’s just sworn and stamped “approved”.
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Bill is effective upon the Governor's signature but it is not apparent when that will happen.
It appears HB302 was signed on April 30. I presume this is in effect now?
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Bill is effective upon the Governor's signature but it is not apparent when that will happen.
It appears HB302 was signed on April 30. I presume this is in effect now?
Yes this is in effect. H.B. 222 also passed and is worse than than H.B. 302. All I can say, is be very very careful what you say to your family members and neighbors. If you get some vindictive person angry at you, it doesn’t take much to get a visit from several armed agents of the state coming to search your home and seize your property. If you resist, you will end up like the fellow over in Ferndale MD two days ago. That is to say, murdered at the hands of the police.
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Bill is effective upon the Governor's signature but it is not apparent when that will happen.
It appears HB302 was signed on April 30. I presume this is in effect now?
In the final engrossment of HS1 For HB302 (http://legis.delaware.gov/BillDetail?LegislationId=26339) which was signed 4/30/2018
Section 7. Effective Date. This Act takes effect 6 months after its enactment into law.
So it would be law October 30, 2018.
HB 222 (http://legis.delaware.gov/BillDetail?LegislationId=26634)signed 6/27/2018 effective 12/27/2018
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Bill is effective upon the Governor's signature but it is not apparent when that will happen.
It appears HB302 was signed on April 30. I presume this is in effect now?
Yes this is in effect. H.B. 222 also passed and is worse than than H.B. 302. All I can say, is be very very careful what you say to your family members and neighbors. If you get some vindictive person angry at you, it doesn’t take much to get a visit from several armed agents of the state coming to search your home and seize your property. If you resist, you will end up like the fellow over in Ferndale MD two days ago. That is to say, murdered at the hands of the police.
Reading HB 222 says that only law enforcement or family members may file a request for lethal violence protective order. This implies that all others cannot file for such an order. Nothing, however, prevents others from filing a complaint with law enforcement. There are provisions for punishing those who file false complaints.
Note: the final amendment to HB222 states: "This amendment provides that only a law-enforcement officer can petition the Justice of the Peace Court for an emergency order. This amendment changes the burden of proof for the issuance of the lethal violence protective order in an emergency hearing from probable cause to preponderance of the evidence. This amendment also clarifies that a lethal violence protective order issued by Superior Court is effective for up to 1 year. This amendment further clarifies that the Justice of the Peace Court’s office and the Superior Court’s Prothonotary’s office will provide forms and instructions for obtaining a lethal violence protective order. Finally, this amendment clarifies that if Superior Court or Justice of the Peace Court issues a lethal violence protection order, the Court is required to order the relinquishment of firearms and ammunition owned, possessed, or controlled by the respondent. This amendment also makes technical corrections "
So, there are some steps that have to be done before your firearms can be taken.