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SB 82

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

153rd General Assembly (2025-2026) Introduced by Mara Gorman and 3 co-sponsors

Delaware law now permits courts to issue temporary firearm restriction orders for individuals posing significant lethal violence risks, balancing safety intervention with due process protections.

Signed by Governor
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Bill Summary · SB 82

Legislative bill overview

SB 82 amends Delaware's legal framework to establish or modify lethal violence protective orders (LVPOs)—court orders designed to temporarily restrict access to firearms for individuals deemed to pose a significant risk of lethal harm to themselves or others. The bill passed both chambers with strong bipartisan support and was signed into law in August 2025.

Why is this important

LVPOs represent a targeted intervention tool that attempts to balance public safety concerns with due process protections. They address gun violence prevention through judicial oversight rather than broad restrictions, affecting how courts can respond to crisis situations involving imminent threats of lethal harm.

Potential points of contention

  • Second Amendment concerns: Opposition groups argue that temporary firearm removal, even with court orders, constitutes unconstitutional deprivation of constitutional rights without permanent conviction of a crime
  • Due process standards: Questions about what evidence threshold triggers an LVPO, whether ex parte (one-sided) orders are permissible initially, and what rights respondents have to contest the order
  • Implementation consistency: Concerns about how courts across Delaware will uniformly apply LVPO standards, who can petition (family, law enforcement, medical providers), and whether adequate training exists for judges and law enforcement

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

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