Delaware General Assembly

Signed 5/8/13

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

3/7/13

Longhurst

Sen. McDowell

Sen. Henry, Peterson, Poore, Sokola, Townsend
Reps. Barbieri, Baumbach, Bolden, Heffernan, Mitchell, Osienski, Schwartzkopf, Scott, B. Short, Viola, K. Williams

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.

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.

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Takes effect upon being signed into law

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