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Author Topic: HB 222 - Lethal Violence Protection Orders  (Read 1224 times)
Adrenolin
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« on: June 13, 2017, 04:07:16 PM »

House Bill 222
149th General Assembly (Present)

https://legis.delaware.gov/BillDetail?legislationId=25942

Original Synopsis:
This Act would allow the Superior Court to issue a lethal violence protection order where a family member or a law enforcement officer can show that the respondent poses a danger to self or others by owning, possessing, controlling, purchasing or receiving a firearm. The order would require respondent to refrain from exercising custody or control over firearms during the orderís duration. The order would also authorize law enforcement to search for and seize firearms in respondentís possession provided petitioner can describe the type and location of said firearm with sufficient particularity. Such an order may be issued at an emergency, ex parte hearing, but a full hearing must then be held within ten days. The burden of proof at the full hearing is clear and convincing evidence. The protective order may last up to one year, and may be renewed upon petition, or terminated early if the respondent can show by clear and convincing evidence that such person is no longer a significant danger to self or others.
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greymas
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« Reply #1 on: June 13, 2017, 07:57:35 PM »

Take Action here
https://www.nraila.org/articles/20170613/delaware-radical-gun-seizure-legislation-could-be-heard-tomorrow
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airman1968
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« Reply #2 on: June 14, 2017, 04:42:13 AM »

There is a House Bill in Delaware..HB222, that would allow what basically could turn into an abusive bill, that will allow confiscation of weapons. Please contact your representative to ask not to pass this.
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Radnor
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New Castle Co.


« Reply #3 on: June 14, 2017, 05:11:33 AM »

Wrote my critter...  Surprised he was not a cosponsor.  (Larry Mitchell)


MERGED 2 threads (same topic) into 1.
« Last Edit: June 14, 2017, 05:18:51 AM by Radnor » Logged

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Adrenolin
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« Reply #4 on: June 17, 2017, 07:55:25 AM »

Same.. with 4 other voices from our street (that I know of) have done the same.
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Cbmarine
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« Reply #5 on: June 17, 2017, 08:02:49 AM »

On agenda Jun 21
More info in this thread. http://deccw.com/index.php?topic=5114.msg37753#msg37753
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Smelly deplorable dreg of society clinging to God and guns
New Castle County
Cbmarine
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III Marine Amphib Corps


« Reply #6 on: June 07, 2018, 12:29:07 PM »

This bill which had been the ex parte tripe has been replaced with what appears to be a more balanced approach to protecting potential victims of violence. Voted out of committee on to House floor yesterday as HS 1 to HB 222. . Voted 5-0 On Its Merits including Danny Short.

Original Synopsis:
This Substitute Act incorporates House Bill No. 222, and also makes the following changes to House Bill No. 222: (1) Creates a new Chapter of Title 10, which permits a family member or a law enforcement officer to obtain a lethal violence protective order. (2) Permits a family member or law enforcement officer to obtain an emergency lethal violence protective order in Justice of the Peace Court if the Court finds probable cause to believe that a respondent poses an immediate and present danger of causing physical injury to self or others by owning, possessing, controlling, purchasing, having access to, or receiving a firearm. The order requires the relinquishment of firearms to law enforcement and may prohibit the individual from residing with others who possess firearms, and grant permission to law enforcement to search for and seize firearms. If an emergency order is issued, the Superior Court must hold a full hearing within 15 days. (3) Makes clear that the Justice of the Peace Court and the Superior Court may, as part of an lethal violence protective order, order an individual not to reside with a individual who owns, possesses, or controls firearms. However, the Courts may not impair or limit the right to keep and bear arms of an individual who is not subject to an order. (4) Permits a respondent to request termination of the order in Superior Court wherein the respondent has the burden of proving by clear and convincing evidence that the respondent does not pose a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to, or receiving a firearm. (5) Creates sanctions for a person who provides false information in the affidavit or verified pleading in order to obtain a lethal violence protective order. (6) Creates sanctions for a person who violates a lethal violence protective order by adding lethal violence protective order to Section 1271A of Title 11, making a violation of the order Criminal contempt. (7) Changes the effective date of this Act to 6 months after its enactment.
« Last Edit: June 07, 2018, 02:59:23 PM by Cbmarine » Logged

Smelly deplorable dreg of society clinging to God and guns
New Castle County
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