Deleware 
Del. Code Tit. 10 § 7701 to §7709 

Who May Petition

Family member and LEO. Emergency orders can only be requested by LEO.

Burden of proof for Emergency Order or Ex Parte Order

Preponderance of the evidence that a respondent poses an immediate and present danger of causing physical injury to self or others by owning, possessing, controlling, purchasing, having access to, or receiving a firearm.

Notice and Opportunity

Superior Court must hold hearing within 15 days

Service

As directed by court

What is Prohibited?

Own, possess, or control firearms and ammunition.Order may prohibit respondent from residing with another who owns, possesses, or controls firearms or ammunition

Relinquish Firearms

Respondent must relenquish all firearms to LEA. 

Seizure by LEA

Court may direct LEO to search respondent's resident or where the firearms are located.

Burden of Proof at Hearing

Clear and convincing evidence that the respondent poses a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to, or receiving a firearm.

Authority to Order Mental Health/Substance Abuse Evaluation

Not specified

Entry into NICS

Not specified

Duration of Order after Hearing

 A fixed period not to exceed 1 year

Warrantless Arrest Permitted in Statute

Not specified in statute

Criminal Penalty

Not specified

Contempt Penalty

Criminal contempt

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