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147th General Assembly
House Bill # 35 w/HA 1, HA 2, HA 3, HA 4, HA 5, HA 6, HA 1 to HA 6, HA 2 to HA 6, HA 7, HA 1 to HA 7, HA 8, HA 9, HA 10

Primary Sponsor: Longhurst Additional Sponsor(s):    Sen. McDowell
CoSponsors: Reps. Barbieri, Baumbach, Bolden, Heffernan, Mitchell, Osienski, Schwartzkopf, Scott, B. Short, Viola, K. Williams; Sens. Henry, Peterson, Poore, Sokola, Townsend
Introduced on : 03/07/2013
Long Title:AN ACT TO AMEND TITLE 11 AND TITLE 24 OF THE DELAWARE CODE RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS IN CONNECTION WITH THE SALE OR TRANSFER OF FIREARMS.
Synopsis:Federally licensed firearms dealers (FFLs) are required to perform criminal history background checks on prospective firearms purchasers. However, when the sale or transfer of a firearm does not involve a licensed dealer, no background check is required. This is an enormous loophole—one in which convicted felons, minors and other prohibited purchasers can readily avoid background checks and more easily acquire guns.
This bill would require that a criminal history background check be performed in connection with the sale or transfer of all firearms, with a few exceptions noted below. Background checks would be performed by licensed firearms dealers, who are already required to conduct a background check whenever they sell a firearm or when requested by private parties. Dealers would be required to maintain records of such background checks in accordance with state and federal law.
Background checks would not be required in private party transactions (1) in which the buyer or transferee is a member of the seller or transferor’s immediate family (parent, grandparent, child, grandchild, sibling or spouse); (2) involving antique firearms and certain replicas thereof; (3) involving the return by a licensed pawnbroker of a firearm to the person from whom it was received; or (4) involving qualified active duty and retired law-enforcement officers. Persons who violate this act would be guilty of a class A misdemeanor for a first offense. Any subsequent offense would be a class G felony.
Current Status: Signed   On   05/08/2013
Volume Chapter79:20
Date Governor acted:05/08/2013
Full text of Legislation:
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Full text of Legislation:
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Fiscal Notes/Fee Impact:Not Required
Amendments: HA 1 to HB 35 - Passed
HA 2 to HB 35 - Passed
HA 3 to HB 35 - Passed
HA 4 to HB 35 - Passed
HA 5 to HB 35 - Passed
HA 6 to HB 35 - Passed
HA 1 to HA 6 to HB 35 - Passed
HA 2 to HA 6 to HB 35 - Passed
HA 7 to HB 35 - Passed
HA 1 to HA 7 to HB 35 - Passed
HA 8 to HB 35 - Passed
HA 9 to HB 35 - Passed
HA 10 to HB 35 - Passed
HA 11 to HB 35 - Defeated
SA 1 to HB 35 - Defeated
Committee Reports:
House Committee Report 03/20/13 F=0 M=6 U=0---->Committee Report
Senate Committee report 04/17/13 F=0 M=4 U=1----->Committee Report
Voting Reports:
House vote: () Passed 3/28/2013 6:34:28 PM------->Voting Record
Senate vote: (Laid On Table) Defeated 4/18/2013 3:19:59 PM------->Voting Record
Senate vote: () Passed 4/18/2013 4:20:35 PM------->Voting Record
Engrossed Version:
Engrossment------->Engrossment
Actions History:
May 08, 2013 - Signed by Governor
Apr 18, 2013 - Passed by Senate. Votes: Passed 13 YES 8 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Apr 18, 2013 - Amendment SA 1 - Defeated by Senate. Votes: Defeated 7 YES 13 NO 1 NOT VOTING 0 ABSENT 0 VACANT
Apr 18, 2013 - Amendment SA 1 defeated
Apr 18, 2013 - Amendment SA 1 - Introduced in Senate
Apr 17, 2013 - Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits, 1 Unfavorable
Apr 11, 2013 - Assigned to Judiciary Committee in Senate
Mar 28, 2013 - Passed by House of Representatives. Votes: Passed 24 YES 17 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Mar 28, 2013 - Amendment HA 11 - Defeated in House by Voice Vote
Mar 28, 2013 - Amendment HA 11 defeated
Mar 28, 2013 - Amendment HA 10 - Passed in House by Voice Vote
Mar 28, 2013 - Amendment HA 9 - Passed in House by Voice Vote
Mar 28, 2013 - Amendment HA 8 - Passed in House by Voice Vote
Mar 28, 2013 - Amendment HA 7 - Passed in House by Voice Vote
Mar 28, 2013 - Amendment HA 1 to HA 7 - Passed in House by Voice Vote
Mar 28, 2013 - Amendment HA 6 - Passed in House by Voice Vote
Mar 28, 2013 - Amendment HA 2 to HA 6 - Passed in House by Voice Vote
Mar 28, 2013 - Amendment HA 1 to HA 6 - Passed in House by Voice Vote
Mar 28, 2013 - Amendment HA 5 - Passed in House by Voice Vote
Mar 28, 2013 - Amendment HA 4 - Passed in House by Voice Vote
Mar 28, 2013 - Amendment HA 3 - Passed in House by Voice Vote
Mar 28, 2013 - Amendment HA 2 - Passed by House of Representatives. Votes: Passed 32 YES 8 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Mar 28, 2013 - Amendment HA 1 - Passed in House by Voice Vote
Mar 28, 2013 - Amendment HA 11 - Introduced and Placed With Bill
Mar 28, 2013 - Amendment HA 10 - Introduced and Placed With Bill
Mar 28, 2013 - Amendment HA 9 - Introduced and Placed With Bill
Mar 28, 2013 - Amendment HA 8 - Introduced and Placed With Bill
Mar 28, 2013 - Amendment HA 2 to HA 6 - Introduced and Placed With Bill
Mar 28, 2013 - Amendment HA 1 to HA 6 - Introduced and Placed With Bill
Mar 28, 2013 - Amendment HA 1 to HA 7 - Introduced and Placed With Bill
Mar 27, 2013 - Amendment HA 7 - Introduced and Placed With Bill
Mar 27, 2013 - Amendment HA 6 - Introduced and Placed With Bill
Mar 27, 2013 - Amendment HA 5 - Introduced and Placed With Bill
Mar 27, 2013 - Amendment HA 4 - Introduced and Placed With Bill
Mar 27, 2013 - Amendment HA 3 - Introduced and Placed With Bill
Mar 27, 2013 - Amendment HA 2 - Introduced and Placed With Bill
Mar 20, 2013 - Reported Out of Committee (JUDICIARY) in House with 6 On Its Merits
Mar 14, 2013 - Amendment HA 1 - Introduced and Placed With Bill
Mar 07, 2013 - Introduced and Assigned to Judiciary Committee in House
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