Delaware Gun Laws & Firearms Safety Practice Exam

What is the legal standard of proof in Delaware to issue a 'red flag' order?

1. Reasonable suspicion

2. Preponderance of the evidence

3. Clear and convincing evidence

4. Beyond a reasonable doubt

The correct answer is: Preponderance of the evidence

In Delaware, the legal standard of proof required to issue a 'red flag' order, which is intended to temporarily remove firearms from individuals deemed a risk to themselves or others, is known as "preponderance of the evidence." This standard implies that the evidence presented must show that it is more likely than not that the individual poses a threat. The "preponderance of the evidence" standard is commonly used in civil proceedings, where the threshold is lower than in criminal cases but significant enough to ensure that the decision is based on a greater weight of evidence. This means that the court must determine that there is a greater than 50% chance that the claims made are true. Other standards, such as "clear and convincing evidence," require a higher level of certainty before making a decision, which is not applicable in this particular legal context for red flag laws. Similarly, "beyond a reasonable doubt" represents the highest standard used in criminal cases, while "reasonable suspicion" is merely a threshold for initiating investigations rather than a standard for definitive action like issuing a red flag order. Thus, the necessity of balancing the rights of individuals with the need for public safety is why the "preponderance of the evidence" standard is utilized in these situations.