Yesterday, the Delaware Senate voted 6 – 13 (2 not voting) in opposition to House Bill 88. However, this bill could be brought up again for consideration by the Senate on Sunday.
NRA-ILA previously reported our opposition to House Bill 88. Negotiations resulted in our concerns being addressed in the state House and the NRA withdrew opposition, and has remained neutral on this legislation. Two key amendments were adopted in the state House: One allowed firearms to be relinquished to third parties as well as law enforcement and clarifies that the firearms rights of individuals who reside with prohibited persons remain intact. The most important amendment in this bill is the raised standard of proof to clear and convincing - a significantly higher standard for evidentiary proof that would help to guard against erroneous accusations and protect due process rights when it comes to the potential disposition of one’s property.
Under the terms of the amended HB 88, in order for the state to remove the firearms rights of an individual whom a mental health professional considers potentially dangerous, a court proceeding using high standards of proof must take place. This ensures adequate protection of due process rights and property rights. Additionally, the individual is provided a legal path to petition this decision and restore their rights.
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