§ 1448B. Civil Procedure to Relinquish Firearms or Ammunition
(a) Any person who from the enactment of this section is:
(1) prohibited from the possession and purchase of dangerous weapons under §1448 of this Title, or
(2) reported to a law enforcement agency by a mental health professional, hospital, institution, or agency pursuant to §5402 of Title 16, shall be investigated by the appropriate law enforcement agency to determine if firearms, as defined in §222 of this Title, and related ammunition, as defined in § 1448(c) of this Title, should be relinquished. If such agency determines that firearms/ammunition should be relinquished, the law enforcement agency shall refer the report to the Department of Justice. The Department of Justice may, upon review of such report, request from the Superior Court an order prohibiting the purchase, ownership and possession of a deadly weapon.
(b) The Department shall have the burden of proving by a preponderance of the evidence that the respondent is dangerous to others or self as defined in Section 5122 of Title 16. The respondent shall have the right to present evidence and be heard in any such proceedings. In the event that the Court makes such a finding, the Court shall issue an order to relinquish respondent’s firearms or ammunition under this section, and such order shall be reported to the Delaware State Bureau of Investigation for purposes of establishing that such person is a person prohibited from the possession or purchase of deadly weapons pursuant to § 1448 of Title 11.
(c) The Court may include in any order that such person shall relinquish to a law enforcement officer any firearms or ammunition owned, possessed, or controlled by such person. Alternatively, the Court may, in its discretion, allow such person to voluntarily relinquish to a law enforcement officer any firearms or ammunition owned, possessed, or controlled by such person. The Court may also, in its discretion, direct any law-enforcement agency to forthwith search for and seize firearms and ammunition of such person prohibited, upon a showing by the petitioner that the person has ownership, control or possession of a firearm or ammunition.
(d) Any person subject to an order of the Court pursuant to this Subchapter may petition the Court for an order to return firearms or ammunition by procedures established by § 1448A of this Title.
(e) If the basis for relinquishment in 1448B(b) is removed by the Court, any firearms and ammunition taken from the person shall be restored in a timely fashion without the requirement of § 1448A.
(f) Any party in interest aggrieved by a decision of the Courts under this Subchapter may appeal such decision to Supreme Court.
(g) The Delaware State Police and the Department of Justice shall work with local law enforcement agencies and the Department of Health and Social Services and its Division of Substance Abuse and Mental Health to develop appropriate internal policies and regulations to ensure that personnel who process such procedures under this section are trained on appropriate mental health risk assessment procedures and also are trained to look for histories of violence.
This whole section irks me but the section highlighted bodes no good for anyone!
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