CHAPTER 299

FORMERLY

HOUSE SUBSTITUTE NO. 1

TO

HOUSE BILL NO. 332

AN ACT TO AMEND CHAPTER 5, TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 5, §1441 by adding a new subsection (h) to read as follows:

"(h) Notwithstanding any provision to the contrary, anyone retired as a police officer, as that term is defined by §1911 of Title 11, who is retired by having served at least 20 years in any law enforcement agency within this State, may be licensed to carry a concealed deadly weapon for the protection of his person or property after his retirement when the following conditions have been strictly complied with:

(1) if he applies for the license within 90 days of the date of his retirement, he shall pay a fee of $34.50 to the Prothonotary in the county where he resides and present to the Prothonotary both (1) a certification from the Attorney General's office, in a form prescribed by the Attorney General's office verifying that the retired officer is in good standing with the law enforcement agency from which he is retired and (ii) a letter from the Chief of the retired officer's agency verifying that the retired officer is in good standing with the law enforcement agency from which he is retired; or

(2) if he applies for the license more than 90 days, but within 10 years, of the date of his retirement, he shall pay a fee of $34.50 to the Prothonotary in the county where he resides and present to the Prothonotary certification forms from the Attorney General's office, in a form prescribed by the Attorney General's office, that (i) the retired officer is in good standing with the law enforcement agency from which he is retired, (ii) the retired officer's criminal record has been reviewed and that he has not been convicted of any crime greater than a violation since the date of his retirement and (iii) that no record can be located which indicates that the retired officer has been committed to a psychiatric facility since the date of his retirement."

Approved July 7, 1994.