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SB 73

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LETHAL VIOLENCE PROTECTIVE ORDERS.

153rd General Assembly (2025-2026) Introduced by Darius Brown and 5 co-sponsors

Delaware law now permits courts to issue protective orders restricting firearm access for individuals posing imminent lethal violence risks, balancing safety intervention with due process rights.

Signed by Governor
0
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Bill Summary · SB 73

Legislative bill overview

SB 73 amends Delaware's laws to establish or modify the procedures and standards for "lethal violence protective orders" — court orders designed to temporarily restrict an individual's access to firearms when they pose an imminent risk of lethal violence. The bill passed both chambers of the Delaware legislature with strong bipartisan support and was signed into law in August 2025.

Why is this important

Lethal violence protective orders (sometimes called "extreme risk protection orders" or "red flag laws") represent a policy mechanism aimed at preventing mass shootings, suicides by firearm, and other lethal violence incidents by enabling temporary removal of weapons during crisis periods. This bill makes Delaware one of numerous states implementing or refining such measures, balancing public safety interests against Second Amendment and due process considerations.

Potential points of contention

  • Due process concerns: Questions about the standards of evidence required, whether ex parte (one-sided) orders are permitted, and opportunities for respondents to contest restrictions before firearms are removed
  • Definition of "lethal violence" risk: Disagreement over what behavioral indicators or threat levels justify intervention, and who determines this (law enforcement, mental health professionals, courts)
  • Implementation and enforcement: Practical challenges around how orders are executed, compliance verification, and whether adequate training exists for police and courts applying the statute

Compiled from official sources — confirm details with the bill’s official record.

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