Delaware Gun Laws & Firearms Safety Practice Exam

Does Delaware have a 'red flag' law, allowing authorities to seize firearms from individuals deemed a threat?

1. No, Delaware has no such law

2. Yes, but it is rarely enforced

3. Yes, with strict due process requirements

4. Yes, for individuals with restraining orders

The correct answer is: Yes, with strict due process requirements

Delaware indeed has a 'red flag' law, officially known as the "Emergency Involuntary Commitment" law, which allows authorities to petition for the seizure of firearms from individuals who are determined to pose a significant threat to themselves or others. This law includes strict due process requirements to ensure that any action taken by authorities is justified and that the rights of individuals are respected throughout the process. Under this law, a law enforcement officer or an individual can file a petition in the court to request the removal of firearms from a person who exhibits dangerous behavior. The individual in question has the right to contest the petition in court, which reflects the law's adherence to due process principles. While there may be various perceptions about the enforcement frequency of this law, its existence and the structured process involved in implementing it are significant aspects of how Delaware addresses concerns related to gun violence and mental health. Thus, the assertion that the law exists with strict due process requirements is accurate.