Delaware lawmakers are trying again to pass legislation expanding the number of people with mental illness banned from possessing guns.
Delaware already prohibits gun ownership for people involuntarily committed to a mental health facility. This new measure would establish a legal procedure to remove the firearms of people who are considered by medical providers to be dangerous. It also provides a way for people to get their guns back.
State Rep. David Bentz (D-Newark) is the bill’s primary sponsor. He says the legislation aims to help people who are thinking of harming themselves or others.
“Utilize our experts, the mental health professionals to then start an intervention process that can result in defusing that situation until the person is thinking clearly again and then we can return their property," he said. "It’s a real open spot in our gun safety laws.”
This bill would also prohibit gun possession by those found not guilty of a crime due to insanity or mental incapacity.
The House passed a similar measure in 2014, but it died in the Senate.
Bentz said the due process concerns raised at that time have been addressed in the current proposal. Gov. John Carney (D) is throwing his full support behind the legislation.
