See our Disarming Prohibited People policy summary for a comprehensive discussion of this issue.
For information about Delaware’s extreme risk law, see Extreme Risk Protection Orders in Delaware.
Persons Reported by Licensed Mental Health Practitioners
Under certain circumstances, licensed mental health practitioners are required to report to law enforcement about patients who explicitly threaten to cause serious harm to a person or property or the mental health practitioner otherwise concludes the patient is likely to do so.1 Upon receipt of the information, law enforcement shall use that information to determine whether there is probable cause that the patient is dangerous to him- or herself or others. If so, the law enforcement agency must seek “an order from the Justice of the Peace Court that the individual relinquish any firearms or ammunition owned, possessed, or controlled by the individual,” and refer the the report to the state Department of Justice.2 The Justice of the Peace Court is to issue such an order on a finding of dangerousness by the preponderance of the evidence.3
Domestic Violence and Firearms
Delaware also has laws requiring the surrender or removal of firearms from domestic violence abusers subject to protective orders who have become prohibited from possessing them. See the Delaware Domestic Violence & Firearms section for further information.