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Legal Information: Delaware

State Gun Laws

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Updated: 
December 8, 2020

What terms can be included in an order of relinquishment?

In the initial order that law enforcement requests from the Justice of the Peace Court, where the person (respondent) is not present in court or notified beforehand, the order can do any of the following:

  • force the respondent to hand over (relinquish) to law enforcement any firearms or ammunition that s/he owns, possesses, or controls;
  • prohibit the respondent from living with anyone who owns, possesses, or controls firearms or ammunition; and
  • order a law enforcement agency to immediately carry out a search for any firearms or ammunition owned, possessed, or controlled by the respondent and take (seize) any that are found.1

In the order after a hearing that the Department of Justice requests from the Superior Court, where the respondent is allowed to be present in court and is notified beforehand, the order can do any of the following:

  • allow the respondent to “voluntarily” hand over (relinquish) to a law enforcement agency any firearms or ammunition that s/he owns, possesses, or controls;
  • force the respondent to give up (relinquish) any firearms or ammunition that s/he owns, possesses, or controls to law enforcement;
  • force the respondent to give up (relinquish) any firearms or ammunition that s/he owns, possesses, or controls to someone who will keep them away from the respondent - however, it must be someone who does not live with the respondent;
  • prohibit the respondent from living with anyone who owns, possesses, or controls firearms or ammunition; and
  • order a law enforcement agency to immediately carry out a search for any firearms or ammunition owned, possessed, or controlled by the respondent and take (seize) any that are found.2

​1 11 Del. Code § 1448C(d)(1)
2 11 Del. Code § 1448C(d)(2)