16 Del. Admin. Code § 101-3.0

Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 101-3.0 - Definitions

The following words, phrases, and terms as used in these regulations shall have the meanings stated below:

"Adjudication or commitment to a hospital, mental institution or sanitarium as a result of a mental disorder" means a person admitted under a provisional admission by a psychiatrist or under a civil court order to the custody of the hospital for observation, diagnosis, care and treatment pursuant to 16 Del.C. Ch. 50. It does not include persons transported and held for mental health screening and assessment.

"Board" means the Relief from Disabilities Board hereby created by 11 Del.C. § 1448A(k) and these regulations.

"Dangerous instrument" means any instrument, article or substance which is readily capable of cause death or serious physical injury as defined in 11 Del.C. § 222(4).

"Deadly weapon" means any object which is or can be used, or attempted to be used, to cause death or serious physical injury as defined in 11 Del.C. § 222(5).

"DELJIS" means the Delaware Criminal Justice Information System.

"Disability(ies)" means a prohibition from possessing, owning and/or transferring firearms as it relates to 11 Del.C. § 1448(a)(2) and 18 U.S.C. §§ 922(d)(4) and (g)(4).

"DSCYFS" means the Department of Services for Children, Youth and Their Families.

"DHSS" means the Department of Health and Social Services.

"DSHS" means the Department of Safety and Homeland Security.

"Firearm" means any weapon as defined in 11 Del.C. § 222(12).

"NICS" means National Instant Criminal Background Check System.

"Notice of De Novo Judicial Review" means written timely notice to the Superior Court and to the Board that a Petitioner, who has been denied relief after a hearing before the Relief from Disabilities Board, intends to appeal for a de novo review of the Board's decision by the Superior Court.

"Official record" means any and all documents, including but not limited to transcripts, evidence, testimony, etc., which has been submitted and presented to the Board for consideration during a hearing on a Petition for Relief.

"Person prohibited" means any person prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm within the State pursuant to 11 Del.C. § 1448(a)(2) and 18 U.S.C. §§ 922(d)(4) and (g)(4).

16 Del. Admin. Code § 101-3.0

18 DE Reg. 649( 2/1/2015) (Final)