Delaware Red Flag Law

The “Delaware Red Flag Law” is also an extreme risk protection order (ERPO) that allows family members, law enforcement officers, and mental health professionals to petition a court to remove firearms from individuals who are deemed to pose a risk to themselves or others. The law was signed by Delaware Governor John Carney in April 2018 and became effective on December 18, 2018.

Under the Delaware law, if a petition is granted by a judge, law enforcement officials are authorized to confiscate any firearms owned by the individual for up to one year. The individual may also be prohibited from purchasing firearms for that period. In order to have the ERPO renewed after one year, another petition must be filed and granted by a judge.

The Delaware Red Flag Law is designed to help prevent gun violence by allowing concerned individuals to seek assistance from the legal system to remove firearms from people who are exhibiting signs of potentially dangerous behavior. The law has been controversial, with some arguing that it infringes on Second Amendment rights and others praising it as a crucial tool for preventing gun violence.

It is worth noting that the specific details of each state’s red flag law may vary, but the basic purpose of these laws is to allow for the temporary removal of firearms from individuals who pose a risk to themselves or others.