Bill Text: DE HB46 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Titles 10 And 11 Of The Delaware Code Relating To Records Of Arrest And Prosecution.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2009-07-10 - Signed by Governor [HB46 Detail]
Download: Delaware-2009-HB46-Draft.html
|
SPONSOR: |
Rep. D.P. Williams & Sen. Henry Reps. Barbieri, Bolden, Heffernan, Jaques, Keeley, Longhurst, Miro, Mitchell, Osienski, Schooley, Schwartzkopf, Scott, B. Short, D.E. Williams;Sens. Marshall, Peterson, Sokola, Sorenson |
|
|
|
HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
|
HOUSE BILL NO. 46 |
|
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF VALIDLY SEIZED WEAPONS AND AMMUNITION. |
Section 1.Amend §311, Title 11 of the Delaware Code by striking in subsection (c) thereof the phrase "under §1448(a)(1) or (a)(3) of this title, or prohibited under §1448(a)(8) of this title" and substituting in lieu thereof the phrase "under Delaware law, federal law or the law of any other state, or who is otherwise prohibited under §1448 of this title".
Section 2.Amend §311(c), Title 11 of the Delaware Code by striking the phrase ", after the exhaustion of any right of direct appeal, subject only to any claim that has been asserted on the part of any third party claiming ownership in the weapon or ammunition" and substituting in lieu thereof the phrase "after sending written notice, via certified letter, return receipt requested, to the owner at his or her last-known address of the intent to dispose of such deadly weapon or ammunition sixty (60) days from the date of the notice, unless such deadly weapon or ammunition has been claimed by the owner or a third party.If the deadly weapon or ammunition shall remain unclaimed after sixty (60) days from the date of notice, then no party shall thereafter have the right to assert ownership thereof, and the law enforcement agency may dispose of such deadly weapon or ammunition following the expiration of the period set forth in subsection (d) hereunder.
(1)Any person requesting the return of any deadly weapon or ammunition hereunder shall have the burden to prove that he or she is the owner thereof and is not otherwise prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition.
(2)Any third party requesting the return of any deadly weapon or ammunition hereunder shall also have the burden to prove ownership by devise, gift, sale or other legally-recognized process for conveying ownership, and that he or she is not acting as the agent or proxy for a person prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition."
Section 3.Amend §311, Title 11 of the Delaware Code by adding a new subsection (d) to state as follows:
"(d)Any law enforcement agency denying an owner or a third party the possession of any deadly weapon or ammunition pursuant to this section shall not dispose of such deadly weapon or ammunition until the expiration of sixty (60) calendar days from the date of denial."
Section 4.Amend §311, Title 11 of the Delaware Code by adding a new subsection (e) to state as follows:
"(e) Any law enforcement agency holding a firearm relinquished under a protection of abuse order pursuant to 10 Del. C. §1045(a)(8) may dispose of such firearm after the expiration or termination of such order in accordance with subsections (c) and (d) hereunder."
Section 5.Amend §311, Title 11 of the Delaware Code by adding a new subsection (f) to state as follows:
"(f) For purposes of this §311:
(1) "Last-known address" shall mean the last known address of the owner of any deadly weapon or ammunition hereunder as determined through the address noted on the owner's most recent driver's license, vehicle registration or Division of Motor Vehicle identification card.
(2) "Third party" shall mean any person requesting the return of any deadly weapon or ammunition hereunder who is not the party to whom notice was sent in accordance with subsection (c).".
Section 6.Amend §1448(a)(9), Title 11 of the Delaware Code by striking the word "and" and substituting the word "any" in lieu thereof.
Section 7.Amend §1448(a)(9), Title 11 of the Delaware Code by striking the phrase ", under paragraph (a)(1) or (a)(3) of this section, or validly seized under paragraph (a)(8) of this section" and substituting in lieu thereof the phrase"under Delaware law, federal law or the laws of any other state, or as otherwise prohibited under this subsection (a)".
Section 8.Amend §1448(a)(9), Title 11 of the Delaware Code by striking the phrase ", after the exhaustion of any right of direct appeal".
Section 9.If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does 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.
SYNOPSIS
|
This bill addresses the issues of weapons, specifically firearms, that have been relinquished by owners who are persons prohibited under §1448, Title 11 of the Delaware Code and by owners of firearms who have had a PFA Order issued against them.Currently, thousands of relinquished weapons are stored in evidence lockers of law enforcement agencies throughout the State.This bill will allow law enforcement to dispose of these firearms if, after sending written notice to the last known address of the owners of these firearms and giving them an opportunity to reclaim the weapon(s), the owners have failed to respond to the notice and 60 days has expired from the date the notice was sent.Law enforcement shall not dispose of a firearm during the pendency of a PFA Order, but may do so after expiration of the PFA order, if the owner has failed to reclaim the firearm within 60 days after notice with an opportunity to be heard has been sent to the owner's last-known address. |
