HOUSE BILL NO. 161
AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2 AND
SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend § 1448(a)(4), Title 11 of the Delaware Code, by striking the word “or” as it appears therein as the last word of paragraph (4).
Section 2. Amend § 1448(a), Title 11 of the Delaware Code, by adding thereto two new paragraphs to read:
“(6) Any person who is subject to a Family Court Protection from Abuse order (other than an ex parte order), but only for so long as that order remains in effect or is not vacated or otherwise terminated, except that this paragraph shall not apply to a contested order issued solely upon 10 Del. C. § 1041(1)d., e., or h., or any combination thereof; or (7) Any person who has been convicted in any court of any misdemeanor crime of domestic violence. For purposes of this paragraph, the term ‘misdemeanor crime of domestic violence’ means any misdemeanor offense that:
(a) was committed by a member of the victim’s family, as ‘family’ is defined in § 901(9) of Title 10 of the Delaware Code (regardless, however, of the state of residence of the parties); by a former spouse of the victim; by a person who co-habitated with the victim at the time of the offense; or by a person with a child in common with the victim; and
(b) is an offense as defined under Title 11, § 601, § 602, § 603, § 611, § 614, § 621, § 625, § 628, § 763, § 765, § 766, § 767, § 781, § 785, or § 791, or any similar offense when committed or prosecuted in another jurisdiction.
Section 3. It is the intent of this Subsection (7) to create a period of prohibition which is not to be extended past five (5) years. Nothing contained in this section is designed to, nor may it be interpreted as, extending the definition of “misdemeanor crime of domestic violence” so as to invoke existing or future federal law so as to cause a person to be a “person prohibited” for a period exceeding that 5-year term, and nothing contained therein may be construed as having that effect.
Section 4. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.
Section 5. The provisions of Section 2 of this bill shall become effective thirty (30) days after signature by the Governor, and no person shall be deemed to be a ‘person prohibited’ pursuant to Section 2 of this bill unless the Protection From Abuse Order referred to in the new subsection (6) created by said Section 2 was signed and issued after the effective date of this bill and no person convicted of a misdemeanor offense the type referred to in the new subsection (7) created by Section 2 of this bill shall be a ‘person prohibited’ unless the conviction for that misdemeanor offense occurred after the effective date of this bill..
Section 6. Amend § 1441, Title 11 of the Delaware Code, by adding a new subsection (i) thereto to read as follows:
“(I) Notwithstanding anything contained in this section to the contrary, an adult person who, as a successful petitioner seeking relief pursuant to Part D of Subchapter III of Chapter 9, of Title 10 of the Delaware Code, has caused a Protection From Abuse Order containing a firearms prohibition authorized by Section 1045(a)(8) of that part or a firearms prohibition pursuant to Section 1448(a)(6) of Title 11 to be entered against a person for alleged acts of domestic violence as defined in Section 1041 of Title 10 of the Delaware Code, shall be deemed to have shown the necessity for a license to carry a deadly weapon concealed for protection of themself pursuant to Section 1441 of Title 11. In such cases, all other requirements of subsection (a) of this section must still be satisfied.”
Approved June 24,1999