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DelawareSB 82 w/ SA 1153rd General Assembly (2024–2026)Senate

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LETHAL VIOLENCE PROTECTIVE ORDERS.

Sponsored By: S. Elizabeth Lockman (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Orders can require surrender of guns

If the court finds by clear and convincing evidence that the respondent is an immediate and present danger, it must order them to give any firearms, projectile weapons, or ammunition to law enforcement. The court can direct police to immediately search for and seize these items where the respondent lives or where the items are. The court may let the respondent turn items in voluntarily to a named agency. It may allow transfer to a designee who does not live with the respondent, is not prohibited under Delaware law, and will keep the items away from the respondent. The court can also bar the respondent from living with someone who owns or controls firearms or ammunition. This does not affect the gun rights of people not under the order.

Faster, fairer process for gun orders

You can ask Superior Court for a protective order by filing an affidavit or verified petition. It must say the respondent is dangerous because of firearms or projectile weapons, and list where those items are. If a nonemergency hearing is requested, the court holds it within 15 days unless it extends for good cause. The respondent gets notice, can present evidence, and can cross‑examine witnesses. The petitioner must prove danger by clear and convincing evidence. If that proof is not met, the court does not issue an order and must end any emergency order. If an order issues, the court must tell the respondent they can request one termination hearing and give them a form. If the respondent was not at the hearing, the court ensures immediate service by delivery, mail, or another method it orders, including publication if others fail. After the hearing, both sides get a certified copy before leaving court. Any aggrieved party can appeal to the Delaware Supreme Court.

Protective gun orders can last five years

Protective relief now runs for a set time up to five years. The court sets the fixed period in the order.

Sponsors & Cosponsors

Sponsor

  • S. Elizabeth Lockman

    Democratic • Senate

Cosponsors

  • Mara Gorman

    Democratic • House

  • Larry Lambert

    Democratic • House

  • Cyndie Romer

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 53 • No: 8

House vote • 6/30/2025

Passed (SM required)

Yes: 38 • No: 2

Senate vote • 5/15/2025

Passed (SM required)

Yes: 15 • No: 6

Actions Timeline

  1. Signed by Governor

    8/20/2025Governor

  2. Passed By House. Votes: 38 YES 2 NO 1 VACANT

    6/30/2025House

  3. Reported Out of Committee (Judiciary) in House with 7 On Its Merits

    6/18/2025House

  4. Assigned to Judiciary Committee in House

    5/20/2025House

  5. Passed By Senate. Votes: 15 YES 6 NO

    5/15/2025Senate

  6. Amendment SA 1 to SB 82 - Passed By Senate. Votes: 21 YES

    5/15/2025Senate

  7. Amendment SA 1 to SB 82 - Introduced and Placed With Bill

    5/14/2025Senate

  8. Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 3 On Its Merits

    4/17/2025Senate

  9. Introduced and Assigned to Judiciary Committee in Senate

    4/3/2025Senate

Bill Text

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