HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 342

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION AND PURCHASE OF DEADLY WEAPONS BY PERSONS PROHIBITED.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1448, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1448. Possession and purchase of deadly weapons by persons prohibited; penalties.

(a) Except as otherwise provided in this section, the following persons are prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm within the State:

(6) Any person who knows that the person is subject to a Family Court protection from abuse order 1 of the following:

a. A Family Court protection from abuse order, but only for so long as the order remains in effect, effect. except that this This paragraph shall does not apply to a contested order issued solely upon § 1041(1)d., e., or i. of Title 10, or any combination thereof.

b. A domestic violence protection order issued by a court of another state or territory if either of the following apply:

1. The person is prohibited under the order to purchase, own, possess, or control a deadly weapon or ammunition for a firearm.

2. The order meets the criteria of 18 U.S.C. § 922(g)(8).

SYNOPSIS

Current law prohibits persons subject to Family Court protective orders from purchasing or possessing deadly weapons, with some exceptions. This Act extends this prohibition to individuals with out-of-state protective orders as well.