CHAPTER 140

FORMERLY

HOUSE BILL NO. 178

AS AMENDED BY

HOUSE AMENDMENT NOS. 1 & 2

AND

SENATE AMENDMENT NOS. 2,3 & 4

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SPECIFIC OFFENSES.

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

Section 1. Amend § 1441 of Title 11 of the Delaware Code by adding thereto a new Subsection “(j)” to read as follows:

Ҥ 1441(j).

Notwithstanding any other provision of this Code to the contrary, the State of Delaware shall give full faith and credit and shall otherwise honor and give full force and effect to all licenses/permits issued to the citizens of other states where those issuing states also give full faith and credit and otherwise honor the licenses issued by the State of Delaware pursuant to this Section and where those licenses/permits are issued by authority pursuant to state law and which afford a reasonably similar degree of protection as is provided by licensure in Delaware. For the purpose of this subsection ‘reasonably similar’ does not preclude alternative or differing provisions nor a different source and process by which eligibility is determined. Notwithstanding the forgoing, if there is evidence of a pattern of issuing licenses/permits to convicted felons in another state, the Attorney General shall not include that state under the exception contained in this subsection even if the law of that state is determined to be ‘reasonably similar.’ The Attorney General shall communicate the provisions of this Section to the Attorneys General of the several states and shall determine those states whose licensing/permit systems qualify for recognition under this Section. The Attorney General shall publish on January 15th of each year a list of all States which have qualified for reciprocity under this subsection. Such list shall be valid for one year and any removal of a State from the list shall not occur without one year’s notice of such impending removal. Such list shall be made readily available to all State and local law enforcement agencies within the State as well as to all then-current holders of licenses issued by the State of Delaware pursuant to this Section.”.

Section 2. Further Amend § 1441 of Title 11 of the Delaware Code by adding thereto a new Subsection “(k)” to read as follows:

Ҥ 1441(k).

The Attorney General shall have the discretion to issue, on a limited basis, a temporary license to carry concealed a deadly weapon to any individual who is not a resident of this State and whom the Attorney General determines has a short-term need to carry such a weapon within this State in conjunction with his or her employment for the protection of person or property. Said temporary license shall automatically expire thirty (30) days from the date of issuance and shall not be subject to renewal , and must be carried at all times while within the State. However, nothing contained herein shall prohibit the issuance of a second or subsequent temporary license. The Attorney General shall have the authority to promulgate and enforce such regulations as may be necessary for the administration of such temporary licenses. No individual shall be issued more than three temporary licenses.”.

Section 3. Further amend §1441 of Title 11 of the Delaware Code by adding thereto a new subsection "(l)" to read as follows:

"(l) All applications for a temporary license to carry a concealed deadly weapon made pursuant to subsection (k) shall be in writing and shall bear a notice stating that false statements therein are punishable by law."

Approved July 11, 2003