CHAPTER 343

FORMERLY

HOUSE BILL NO. 406

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2 AND

SENATE AMENDMENT NOS. 1 & 2

AN ACT TO AMEND CHAPTER 5, TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend §1441, Chapter 5, Title 11 of the Delaware Code by striking subsection (h) of said section, and substituting in lieu thereof the following:

"(h) Notwithstanding any provision to the contrary, anyone retired as a police officer, as "police officer" is defined by §1911 of this Title, who is retired after having served at least 20 years in any law enforcement agency within this State, or who is retired and remains currently eligible for a duty-connected disability pension, may be licensed to carry a concealed deadly weapon for the protection of his or her person or property after his or her retirement, if the following conditions are strictly complied with:

(1) If he or she applies for the license within 90 days of the date of his or her retirement, he or she shall pay a fee of $34.50 to the Prothonotary in the county where he or she resides and present to the Prothonotary both:

(i) a certification from the Attorney General's office, in a form prescribed by the Attorney General's office, verifying that the retired officer is in good standing with the law enforcement agency from which he or she is retired; and

(ii) a letter from the Chief of the retired officer's agency verifying that the retired officer is in good standing with the law enforcement agency from which he or she is retired; or

(2) If he or she applies for the license more than 90 days, but within 20 years, of the date of his or her retirement, he or she shall pay a fee of $34.50 to the Prothonotary in the county where he or she resides and present to the Prothonotary certification forms from the Attorney General's office, or in a form prescribed by the Attorney General's office, that:

(i) the retired officer is in good standing with the law enforcement agency from which he or she is retired;

(ii) the retired officer's criminal record has been reviewed and that he or she has not been convicted of any crime greater than a violation since the date of his or her retirement; and

(iii) the retired officer has not been committed to a psychiatric facility since the date of his or her retirement."

Approved May 23, 1996