Delaware General Assembly

Signed 7/13/11

The General Assembly has ended, the current status is the final status.

3/10/11

Longhurst

Sen. Sokola, Henry, Marshall, McDowell, Peterson, Sorenson
Reps. Barbieri, Bolden, Heffernan, Jaques, Keeley, Miro, Mitchell, Osienski, Schooley, Schwartzkopf, Scott, B. Short, D.E. Williams, D.P. Williams

AN ACT TO AMEND TITLES 11, 16 AND 29 OF THE DELAWARE CODE RELATING TO REPORTING PERSONS PROHIBITED FROM POSSESSING FIREARMS AND THE NATIONAL CRIMINAL INSTANT BACKGROUND CHECK SYSTEM ("NICS").

The National Instant Criminal Background Check System (NICS) Improvement Act of 2007 was enacted by Congress in response to the Virginia Tech shooting tragedy. Among other things, it requires states to provide certain information to the federal National Instant Criminal Background Check System (“NICS”) database about persons prohibited from possessing firearms, including mentally ill individuals. Delaware is one of only 10 states that have provided no information on mentally ill individuals to the federal database. This bill would help remedy that problem by authorizing state agencies to provide such information to NICS. It also creates a federally mandated “relief from disabilities” program, which allows individuals adjudicated as mentally ill to once again become eligible for gun ownership by showing they are not likely to act in a manner dangerous to public safety. Once the new system is established, the bill will also abolish the state’s existing firearms transaction program, which will be duplicative.

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Takes effect upon being signed into law

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