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Delaware Gov. John Carney (D) has signed a “red flag” gun confiscation bill into law.

John Carney’s Gun Confiscation Measure

The measure, known as House Substitute 1 for House Bill 222, gives First State courts the ability to issue a “lethal violence protection order,” which would take guns away from a person deemed a danger—by a family member or LEO—to themselves or others.

The law-enforcement officer has the burden of demonstrating by a 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,” the bill states. “The respondent does not have the right to be heard or to notice that the law-enforcement officer has sought an order under this section.”

Similar measures have been introduced or passed in New York, Massachusetts, Florida, Rhode Island, Vermont, and Maryland this year. California, Connecticut, Indiana, Washington and Oregon also have red flag laws on the books.

Gabby Giffords’ Support

In a statement, Carney said the measure is a step toward curbing gun violence.

“One piece of legislation alone will not solve the problem of gun violence, but with a comprehensive approach, along with efforts to strengthen security in our schools, we can make a difference,” Carney said. “We’ve made great progress this legislative session and I would like to thank members of the General Assembly and advocates for their tireless work on this issue.”

Former Congresswoman and current gun control activist Gabrielle Giffords praised the bill.

“In response to demands from Americans to stop gun violence, lawmakers in states across the country are finding the courage to pass bills that can save lives,” Giffords said. “If we’re serious about saving lives, we must continue to be serious about giving families and law enforcement officials the tools they need to prevent people at risk of harming themselves or others from accessing guns. Leaders in Delaware understand this and it’s why they’ve worked tirelessly with gun prevention advocates to sign this legislation into law. I applaud Governor Carney and the Delaware legislature for demonstrating the courage to show Congress and the rest of the country how we can take responsible steps to help keep guns out of the hands of people who are experiencing a crisis.”

Other Bills Signed Into Law

Carney has signed other gun control bills into law during this legislative session. This includes the Beau Biden Gun Violence Prevention Act, another “red flag” bill. He’s also signed HB 174, a measure boosting penalties for straw purchases. In addition, Carney signed a bill banning bump stocks in Delaware a couple of weeks ago.

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