CHAPTER 7

FORMERLY

SENATE BILL NO. 12

AN ACT TO AMEND TITLE 11, DELAWARE CODE, RELATING TO LICENSE TO CARRY CONCEALED WEAPONS.

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

Section 1. Amend §1441, Title 11, Delaware Code by rewording said section to read as follows:

"§1441. License to carry concealed deadly weapons.

(a) A person of full age and good moral character, desiring to be licensed to carry a concealed deadly weapon for personal protection or the protection of the person's property, may be licensed to do so when the following conditions have been strictly complied with:

(1) The person shall make application therefor in writing and file the same with the Prothonotary of the proper county, at least 15 days before the then next term of the Superior Court, clearly stating that the person is of full age, and that the person is desirous of being licensed to carry a concealed deadly weapon for personal protection or protection of the person's property, or both, also stating the person's residence and occupation;

(2) At the same time the person shall file, with the Prothonotary, a certificate of 5 respectable citizens of the county in which the applicant resides at the time of filing the application. The certificate shall clearly state that the applicant is a person of full age, sobriety and good moral character, that the applicant bears a good reputation for peace and good order in the community in which the applicant resides and that the carrying of a concealed deadly weapon by the applicant is necessary for the protection of the applicant or the applicant's property, or both. The certificate shall be signed with the proper signatures and in the proper handwriting of each such respectable citizen;

(3) Every such applicant shall file in the office of the Prothonotary of the proper county the application verified by oath or affirmation in writing taken before an officer authorized by the laws of this State to administer the same, and shall under such verification state that the applicant's certificate and recommendation were read to or by the signers thereof and that the signatures thereto are in the proper and genuine handwriting of each. Prior to the issuance of an initial license the person shall also file with the Prothonotary, a notarized certificate signed by an instructor or authorized representative of a sponsoring agency, school, organization or institution certifying (1) that the applicant has completed a firearms training course which contains at least the below described minimum elements, and (2) is sponsored by a federal, state, county or municipal law enforcement agency, a college, a nationally recognized organization that customarily offers firearms training or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The firearms training course shall include the following elements:

a. Instruction regarding knowledge and safe handling of firearms;

b. Instruction regarding safe storage of firearms and child safety;

c. Instruction regarding knowledge and safe handling of ammunition;

d. Instruction regarding safe storage of ammunition and child safety;

e. Instruction regarding safe firearms shooting fundamentals;

f. Live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition;

g. Identification of ways to develop and maintain firearm shooting skills;

h. Instruction regarding federal and state laws pertaining to the lawful purchase, ownership, transportation, use and possession of firearms;

i. Instruction regarding the laws of this State pertaining to the use of deadly force for self defense; and

j. Instruction regarding techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.

(4) At the time the application is filed, the applicant shall pay a fee of $34.50 to the Prothonotary issuing the same;

(5) The license issued upon initial application shall be valid for 2 years. On or before the date of expiration of such initial license, the licensee without further application may renew the same for the further period of 3 years upon payment to the Prothonotary of a fee of $34.50, and upon filing with said Prothonotary an affidavit setting forth that the carrying of a concealed deadly weapon by the licensee is necessary for personal protection or protection of the person's property, or both, and that the person possesses all the requirements for the issuance of a license and may make like renewal every 3 years thereafter; provided, however, that the Superior Court upon good cause presented to it may inquire into the renewal request and deny the same for good cause shown. No requirements in addition to those specified in this paragraph may be imposed for the renewal of a license.

(b) The Prothonotary of the county in which any applicant for a license files the same shall cause notice of every such application to be published once, at least 10 days before the next term of the Superior Court. The publication shall be made in a newspaper of general circulation published in the county. In making such publication it shall be sufficient for the Prothonotary to do the same as a list in alphabetical form stating therein simply the name and residence of each applicant respectively.

(c) The Prothonotary of the County in which the application for license is made shall lay before the Superior Court, at its then next term, all applications for licenses, together with the certificate and recommendation accompanying the same, filed in the Prothonotary's office, on the first day of such application.

(d) The Court may or may not, in its discretion, approve any application, and, in order to satisfy the Judges thereof fully in regard to the propriety of approving the same, may receive remonstrances and hear evidence and arguments for and against the same, and establish general rules for that purpose.

(e) If any application is approved, as provided in this section, the Court shall endorse the word "approved" thereon and sign the same with the date of approval. If not approved, the Court shall endorse the words "not approved" and sign the same. The Prothonotary, immediately after any such application has been so approved, shall notify the applicant of such approval, and, following receipt of the notarized certification of satisfactory completion of the firearms training course requirement as set forth in subsection (a)(3) above shall issue a proper license, signed as other state licenses are, to the applicant for the purposes provided in this section and for a term to expire on the 1st day of June next succeeding the date of such approval.

(f) The Secretary of State shall prepare blank forms of license to carry out the purposes of this section, and shall issue the same as required to the several Prothonotaries of the counties in this State. The Prothonotaries of all the counties shall affix to the license, before lamination, a photographic representation of the licensee.

(g) The provisions of this section do not apply to the carrying of the usual weapon by the police or other peace officers.

(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.

(i) Notwithstanding anything contained in this section to the contrary, an adult person who, as a successful petitioner seeking relief pursuant to Part D subchapter III of Chapter 9 of Title 10, has caused a protection from abuse order containing a firearms prohibition authorized by § 1045(a)(8) of Title 10 or a firearms prohibition pursuant to § 1448(a)(6) of this title to be entered against a person for alleged acts of domestic violence as defined in § 1041 of Title 10, shall be deemed to have shown the necessity for a license to carry a deadly weapon concealed for protection of themselves pursuant to § 1441 of this title. In such cases, all other requirements of subsection (a) of this section must still be satisfied."

Approved February 07, 2001