Delaware
Related: About this forumBeau Biden announces new gun-control legislation.
Delaware Attorney General Beau Biden wants to make it more difficult for people considered to be a danger to themselves or others to obtain guns.
Biden proposed legislation Monday requiring mental health providers, including school counselors, to call police if they believe a person poses a danger to himself or others. Police would investigate and would refer the case to the state Department of Justice if they believe the person shouldnt have access to a gun.
http://www.beaubiden.com/blog/2013/politico-beau-biden-announces-new-gun-control-legislation/
warrant46
(2,205 posts)elleng
(136,686 posts)'The DOJ could then ask a judge to prohibit the person from owning or possessing a gun.
The judge also could order the seizure of any guns the person has. In the case of a troubled child, authorities could seize any guns owned by a parent or guardian with whom the child is living.'
Its not a criminal offense, its more of an administrative decision that you're unfit to possess a gun, so judge would be the trier of fact.
sheshe2
(87,976 posts)He takes after his dad!
to the Bidens!
Thanks for letting us know, elleng!
femmocrat
(28,394 posts)Seems like there would be confidentiality issues.
finally, the public interest in safety/security should prevail. Privacy/confidentiality can be afforded while doing this.
Eleanors38
(18,318 posts)without due process of law. Even a judge's order without hearing may not pass muster.
warrant46
(2,205 posts)I hope Delaware has the money to defend this POS idea if it ever becomes Law
treestar
(82,383 posts)They could have a procedure like the one in Family Court, where PFA orders say no guns to be possessed.