BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section
1.
Amend
Chapter
85,
Title
11
of
the
Delaware
Code
by
making
deletions
as
shown
by
strike
through
and insertions
as
shown
by
underline
as
follows:
Subchapter
VI.
Firearm
Transaction
Approval
Program
(FTAP).
Criminal Background Check for Public School Related Employment [Repealed].
§
8570.
Purpose
and
intent.
Definitions [Repealed].
The
purpose
and
intent
of
this
subchapter
is
to
establish
the
Delaware
Firearm
Transaction
Approval
Program
that is
compliant
with
the
federal
Brady
Act,
P.L.
103-159,
107
Stat.
1536,
18
U.S.C.
§
921
et
seq.,
and
to
make
this
State
a federally-compliant
point
of
contact
state
in
conjunction
with
the
federal
National
Instant
Criminal
Background
Check System.
§
8571.
Definitions.
Screening procedure required [Repealed].
As
used
in
this
subchapter:
(1)
“FBI”
means
the
Federal
Bureau
of
Investigation.
(2)
“Federal
firearms
licensee”
or
“FFL”
means
a
person
licensed
by
the
federal
Bureau
of
Alcohol,
Tobacco, Firearms,
and
Explosives
as
a
manufacturer,
importer,
or
dealer
of firearms.
(3)
“Firearm”
means
as
defined
under
18
U.S.C.
§
921(a)(3).
(4)
“Licensed
dealer”
means
as
defined
under
27
C.F.R.
§
178.11.
(5)
“Licensed
importer”
means
as
defined
under
27
C.F.R.
§
178.11.
(6)
“Licensed
manufacturer”
means
as
defined
under
27
C.F.R.
§
178.11.
(7)
“National
Crime
Information
Center”
or
“NCIC”
means
the
nationwide
computerized
federal
information system
of
criminal
justice
data
established
by
the
FBI
as
a
service
to
local,
state,
and
federal
criminal
justice
agencies.
(8)
“NICS”
means
the
National
Instant
Criminal
Background
Check
System.
(9)
“NICS
POC”
means
as
point of
contact is
defined
under
this
section.
(10)
“NICS
POC
Guidelines”
means
the
guidelines
established
and
published
by
the
federal
government
for the
operation
and
implementation
of
the
NICS
program
by
a
POC
agency.
(11)
“Point
of
contact”
or
“POC”
means
a
state
or
local
law
enforcement
agency
serving
as
an
intermediary between
an
FFL
and
the
federal
databases
checked
by
NICS.
(12)
“SBI”
means
the
State
Bureau
of
Identification
of
the
Delaware
State
Police.
§
8572.
SBI
as
point
of
contact
for
NICS, entity
to
conduct
required
background
checks.
Penalties [Repealed].
(a)(1)
The
SBI
shall
serve
as
the
NICS
POC
for
this
State.
(2)
Except
as
provided
by
other
laws
of
this
State,
SBI’s
NICS
POC
operations
are
governed
by
and
shall strictly
adhere
to
28
C.F.R.
Part
25
and
the
NICS
POC
Guidelines.
(b)
The
SBI
shall
conduct
background
checks
required
for
the
lawful
sale,
transfer,
or
delivery
of
firearms
under
federal law and the law of this State, including under §§ 1448A and 1448B of this title, that occur within this State.
(c)(1)
The SBI shall establish
a toll-free
telephone
number that must be operational
between the hours of 9:00 a.m. and
9:00
p.m.
local
time,
Monday
through
Saturday,
and
9:00
a.m.
and
5:00
p.m.
local
time,
Sunday,
to
respond
to
inquiries
from FFLs for background checks required under subsection (b) of this section. The SBI may establish another electronic means to respond to inquiries from FFLs for background checks required under subsection (b) of this section in addition to a toll-free telephone number.
(2)
Notwithstanding
paragraph
(c)(1)
of
this
section,
the
telephone
number
may,
but
need
not
be,
operational on
Thanksgiving Day,
Christmas
Day,
Good Friday,
or
on
Easter
Sunday.
(3)
The
SBI
shall
employ
and
maintain
personnel
as
necessary
to
effectively
and
efficiently
administer
this subchapter
and
to
otherwise
effectively
serve
as
this
State’s
federal
NICS
POC.
(d)
On
receipt
of
a
request
for
a
background
check
required
under
paragraph
(c)(1)
of
this
section,
SBI
shall
do
all of
the following:
(1)
Transmit
a
request
for
a
background
check
to
the
Federal
Bureau
of
Investigation,
NICS
Section,
and search
other
available
databases
to
determine
if
the
potential
buyer
or
transferee
is
prohibited
from
receipt
or possession
of
a
firearm under
§
1448 of
this
title
or
federal
law.
(2)
After
receipt
of
a
response
from
the
Federal
Bureau
of
Investigation,
NICS
Section,
and
the
completion
of its
search
of
other
available
databases,
inform
the
FFL
making
the inquiry
or
the
of
1
of
the
following:
a. That the potential buyer or transferee
is prohibited
from receipt or possession of a firearm under §
1448 of
this
title
or
federal
law.
b.
That
the
FFL
may
proceed
with
the
sale,
transfer,
or
delivery
of
the
firearm
may proceed
with
the
process
for
issuing
a
license
to
carry
concealed
deadly
weapons.
SBI
shall
provide
the
FFL
with
a
unique
approval
number.
(e)
If
electronic
failure
or
similar
emergency
beyond
the
control
of
the
SBI
occurs,
the
SBI
shall
immediately notify
a
requesting
FFL
of
the
reason
for,
and
estimated
length
of,
the
delay.
After
a
notification under
this
subsection,
the
SBI
shall
inform
the
FFL
making
the
inquiry
of
1
of
the
following
no
later than
the end
of
the
third
business
day
following a
request
for
a
background
check
by
the
FFL:
(1)
That
the
potential
buyer
or
transferee
is
prohibited
from
receipt
or
possession
of
a
firearm
under
§
1448
of this
title
or
federal
law.
(2) That the FFL may proceed with the sale, transfer, or delivery of the firearm. SBI shall provide the FFL with a unique approval number.
(f)
The
SBI
may
promulgate
regulations
necessary
to
administer
and enforce
this
section.
§
8573.
Confidentiality
of
NICS
check
and
POC
records.
(a)
The
SBI
is
responsible
for
maintaining
the
security,
integrity,
and
confidentiality of
all
information and
records pertaining
to
the
Firearm
Transaction
Approval
Program.
The SBI may share such information and records with another state or federal law enforcement agency or the Judicial Information Center in order to carry out its functions under §§ 8572 and 8574 of this title.
(b)
As
this
State’s
designated
NICS
POC,
the
SBI
shall
strictly
adhere
to
the
federal
regulations
pertaining
to
the confidentiality
and
security
of
NICS
information
including
28
C.F.R.
§
25.6,
§
25.7,
§
25.8,
§
25.9,
and
§
25.11.
(c)
(1)
The
SBI
may
promulgate
regulations
consistent
with
28
C.F.R.
Part
25
to
ensure
the
security,
integrity,
and confidentiality
of
all
information
and
records
coming
into
its
custody
under
the
Firearm
Transaction
Approval
Program.
(2) Regulations
under
this
section
may
protect
the
privacy
and
confidentiality
of
this
State’s
citizens
to
a
greater
extent
than federal
law.
(d)
Nothing
in
this
subchapter
may
be
construed
to
allow
the
State
to
maintain
records
containing
the
names
of FFLs
who
receive
unique
approval
numbers
or
to
maintain
records
of
firearm
transactions,
including
the
names
or
other identification
of
FFLs
and
potential
buyers
or
transferees,
involving
individuals
who
are
not
prohibited
by
§
1448
of
this title
or
federal
law
from
the
receipt
or
possession
of
firearms for longer than 6 months.
However,
the
SBI
may
retain
whatever
information
it
receives including the identifying
information of
a
potential
buyer
or
transferee
if
the SBI
has
reasonable
cause to
believe
the potential buyer
or
transferee
is
committing
a
crime.
Nothing in this paragraph may be construed to be a waiver of sovereign immunity.
(e) The
Superior
Court
has
exclusive jurisdiction
over a
violation
of
subsection (d) of this section.
§
8574.
Procedure
and
remedies
upon
denial.
(a)
An
individual
who
is
denied
the
right
to
receive
or
purchase
a
firearm
under
this
subchapter
may
do
1
or
more of
the following:
(1)
Request
from
the
SBI
a
written
explanation
for
the
denial.
(2)
Petition
the
SBI
to
amend
erroneous
information
in
a
record
pertaining
to
the
individual.
(b) SBI shall respond to a request for a written explanation for the denial under paragraph (a)(1) within 30 days of receipt of the request.
(c)
On
receipt
of
a
petition
under
paragraph
(a)(2)
of
this
section, the
SBI
shall
do
all of
the
following:
(1)
Perform
a
thorough
review
of
the
records
that
prompted
the denial.
(2)
Render, within
30
days of
receipt
of
the
petition, a
final
decision
regarding
the denial.
If exceptional circumstances exist, SBI may extend the deadline to file a final decision for an additional 30 days with notice to the petitioner providing the exceptional circumstances.
(d)
If
the
SBI
reverses
its
denial,
the
SBI
shall
immediately
do
all
of
the
following:
(1)
Request
that
an
entity
that
provided
it
with
information
that
prompted
its
denial
amend
its
records
to reflect
accurate
information.
(2)
Amend
its
records
to
reflect
accurate
information.
(3)
Destroy
records
it
maintains
which
contain
erroneous
information
derived
from
a
background
check conducted
under
this
subchapter.
(e) If the SBI upholds it denial, the individual may appeal the decision to the Superior Court on the record.
(e)(1)
If
the
SBI
fails
to
issue
a
decision
on
a
petition
under
paragraph
(a)(2)
of
this
section
within
the time requirements in paragraph (c)(2) of this section, the
individual
may
petition
the
Superior
Court
for
a
writ
of
mandamus
to compel the issuance of the decision.
(2) If the SBI fails to amend its records to reflect accurate information under paragraph (d) of this section, the individual may petition the Superior Court for a writ of mandamus to require the SBI to correct its records.
(3)
If
the
Superior
Court
determines
that
the
SBI
wilfully
refused
to issue its decision or
amend
the
record,
the
Court
may
award the
petitioner
costs
and
reasonable
attorneys’
fees.
Section
2.
Amend
§
1448A,
Title
11
of
the
Delaware
Code
by
making
deletions
as
shown
by
strike
through
and insertions
as
shown
by
underline
as
follows:
§
1448A.
Criminal
history
record
Background
checks
for
sales
of
firearms.
(a)
No
A
licensed
importer,
licensed
manufacturer
manufacturer,
or
licensed
dealer
shall
may
not
sell,
transfer
transfer,
or
deliver
from
inventory
any
firearm,
as
defined
in
§
222
§
8571
of
this
title,
to
any
other
person,
other
than
a licensed
importer,
licensed
manufacturer,
licensed
dealer,
or
licensed
collector,
without
conducting
a
criminal
history background
check
in
accordance
with
regulations
promulgated
by
the
United
States
Department
of
Justice
pursuant
to
the National
Instant
Criminal
Background
Check
System
(“NICS”),
28
C.F.R.
§§
25.1-25.11,
as
the
same
may
be
amended from
time
to
time,
background
check
by
the
State
Bureau
of
Identification,
through
the
Firearm
Transaction
Approval Program
under
Subchapter
VI
of
Chapter
85
of
this
title,
to
determine
whether
the
transfer
of
a
firearm
to
any
person
who
is not
licensed
under
18
U.S.C. §
923
would
be
in
violation
of
federal
or
state
law.
(b)
No
A
licensed
importer,
licensed
manufacturer
manufacturer,
or
licensed
dealer
shall
may
not
sell,
transfer
transfer
,
or
deliver
from
inventory
any
firearm,
as
defined
in
§
222
§
8571
of
this
title,
to
any
other
person,
other
than
a licensed
importer,
licensed
manufacturer,
licensed
dealer,
or
licensed
collector,
unless
and
until
being
informed
that
it
may “proceed”
with
the
sale,
transfer
transfer
,
or
delivery
from
inventory
of
a
firearm
by
the
Federal
Bureau
of
Investigation (FBI),
NICS
Section
pursuant
to
the
request
for
a
criminal
history
record
check
required
by
the
State
Bureau
of Identification,
through
the
Firearm
Transaction
Approval
Program
under
Subchapter
VI
of
Chapter
85
of
this
title, following
a request for
a background check
under
subsection (a)
of this section
or 25 days
have elapsed
from the
date of the request
for a
background check
and
a
denial
has
not
occurred.
(c)
Any
person
who
is
denied
the
right
to
receive
or
purchase
a
firearm
in
connection
with
subsection
(a)
of
this section
or
§
1448B(a)
of
this
title
may
request
from
the
Federal
Bureau
of
Investigation
a
written
explanation
for
such denial;
an
appeal
of
the
denial
based
on
the
accuracy
of
the
record
upon
which
the
denial
is
based;
and/or
that
erroneous information
on
the
NICS
system
be
corrected
and
that
the
person’s
rights
to
possess
a
firearm
be
restored.
All
requests pursuant
to
this
subsection
(c)
shall
be
made
in
accordance
with
applicable
federal
laws
and
regulations,
including
without limitation
28
C.F.R.
§
25.10.
In
connection
herewith,
at
the
request
of
a
denied
person,
the
Federal
Firearms
Licensed (FFL)
dealer
and
SBI
shall
provide
to
the
denied
person
such
information
as
may
be
required
by
federal
law
or
regulation
in order
for
such
person
to
appeal
or
seek
additional
information
hereunder.
[Repealed.]
(d)
Compliance
with
the
provisions
of
this
section
shall
be
is
a
complete
defense
to
any
claim
or
cause
of
action under
the
laws
of
this
State
for
liability
for
damages
arising
from
the
importation
or
manufacture
of
any
firearm
which
has been
shipped
or
transported
in
interstate or
foreign
commerce.
In
addition, compliance
with
the
provisions
of
this
section
or §
1448B
of
this
title,
as
the
case
may
be,
shall
be
is
a
complete
defense
to
any
claim
or
cause
of
action
under
the
laws
of this
State
for
liability
for
damages
allegedly
arising
from
the
actions
of
the
transferee
subsequent
to
the
date
of
said
the
compliance
wherein
the
claim
for
damages
is
factually
connected
to
said
the
compliant
transfer.
(e)
The
provisions
of
this
section
shall
This
section
does
not
apply
to:
to
any
of
the
following:
(1)
Any
firearm
(including
firearm,
including
any
firearm
with
a
matchlock,
flintlock,
percussion
cap,
or similar
type
of
ignition
system)
system
manufactured in
or
before
1898;
1898.
(2)
Any
replica
of
any
firearm
described
in
paragraph
(e)(1)
of
this
section
if
such
replica:
the
replica
meets
1 of
the following:
a.
Is
not
designed
or
redesigned
to
use
rimfire
or
conventional
centerfire
fixed
ammunition;
or
ammunition.
b.
Uses
rimfire
or
conventional
centerfire
fixed
ammunition
which
is
no
longer
manufactured
in
the United
States
and
which
is
not
readily
available
in
the
ordinary
channels
of
commercial
trade;
trade.
(3)
Any
shotgun,
which
is
defined
as
a
firearm
designed
or
intended
to
be
fired
from
the
shoulder
and designed
or made
to fire through a smooth
bore either
a
number of ball
shot or
a single projectile
for each single
pull of the
trigger;
trigger.
(4)
The
return,
by
a
licensed
pawnbroker,
of
a
firearm
to
the
person
from
whom
it
was
received;
received.
(5)
Transactions
in
which
the
potential
buyer
or
transferee
holds
a
valid
concealed
deadly
weapons
license
pursuant
to
under
§§
1441,
1441A
1441A,
and
1441B
of
this
title;
and
title.
(6)
Transactions
involving
a
“law-enforcement
officer”
as
defined
by
§
222
of
this
title.
(f)
Any
licensed
dealer,
licensed
manufacturer,
licensed
importer
importer,
or
employee
thereof
who
wilfully
and intentionally
requests
a
criminal
history
record
check
from
the
Federal
Bureau
of
Investigation,
NICS
background
check from
the
State
Bureau
of
Identification,
through
the
Firearm
Transaction
Approval
Program
under
Subchapter
VI
of Chapter 85 of this title,
for any
purpose other than
compliance
with subsection (a)
of this
section
section,
or § 1441(a)(1)
or §
1448B(a)
of
this
title,
or
wilfully
and
intentionally
disseminates
any
criminal
history
record
information
from
the background
check
to
any
person
other
than
the
subject
of
such
information
or
discloses
to
any
person
the
unique identification
number
shall
be
is
guilty
of
a
class
A
misdemeanor.
The
Superior
Court
shall
have
has
exclusive
jurisdiction for
all
offenses
under
this
subsection.
(g)
Any
person
who,
in
connection
with
the
purchase,
transfer,
or
attempted
purchase
or
transfer
of
a
firearm pursuant
to
subsection
(a)
of
this
section
or
§
1448B(a)
of
this
title,
wilfully
and
intentionally
makes
any
materially
false oral
or
written
statement
or
wilfully
and
intentionally
furnishes
or
exhibits
any
false
identification
intended
or
likely
to deceive
the
licensee
shall
be
is
guilty
of
a
class
G
felony.
(h)
Any
licensed
dealer,
licensed
manufacturer,
licensed
importer
or
employee
thereof
who
wilfully
and intentionally
sells
or
delivers
a
firearm
in
violation
of
this
section
shall
be
is
guilty
of
a
class
A
misdemeanor.
Second
A second
or
subsequent
offenses
offense
by
an
individual
shall
be
is
a
class
G
felony.
The
Superior
Court
has
exclusive jurisdiction
for
all
offenses
under
this
subsection.
(i)
The
SBI
shall
provide
to
the
judiciary
committees
of
the
Senate
and
House
of
Representatives
an
annual
report including
the
number
of
inquiries
made
pursuant
to
under
this
section
and
§
1448B
of
this
title
for
the
prior
calendar
year.
Such
report
shall
include,
but
not
be
limited
to,
The
report
must
include
the
number
of
inquiries
received
from
licensees, the
number
of
inquiries
resulting
in
a
determination
that
the
potential
buyer
or
transferee
was
prohibited
from
receipt
or possession
of
a
firearm
pursuant
to
§§
1448
and
1448B
under
§
1448
of
this
title
or
federal
law.
law,
and
the
estimated costs
of
administering
the
Firearm
Transaction
Approval
Program
under
Subchapter
VI
of
Chapter
85
of
this
title.
(j)
Notwithstanding
Chapter
89
of
this
title,
Chapter 10
of
Title
29,
and
other
Delaware
laws,
laws
of
this
State,
the SBI
is
authorized
and
directed
to
shall
release
records
and
data
required
by
this
section
and
by
§
1448B
of
this
title.
The SBI
shall
may
not
release
or
disclose
criminal
records
or
data
except
as
specified
in
this
section
and
in
§
1448B
of
this
title.
(k)
No
records,
Records,
data,
information
information,
or
reports
containing
the
name,
address, date
of
birth
birth,
or
other
identifying
data
of
either
the
transferor
or
transferee
or
which
contain
the
make,
model,
caliber,
serial
number
number,
or other identifying
data of any firearm
which
are required,
authorized
authorized,
or maintained
pursuant
to
under
this
section,
§
1448B
of
this
title
title,
or
by
Chapter
9
of
Title
24,
shall
be
are
not
subject
to
disclosure
or
release
pursuant to
under
the
Freedom
of
Information
Act,
Chapter
100
of
Title
29.
(
l
)
Relief
from
Disabilities
Program.
—
A
person
who
is
subject
to
the
disabilities
of
18
U.S.C.
§
922(d)(4)
and (g)(4)
or
of
§
1448(a)(2)
of
this
title,
except
a
person
subject
to
an
order
for
relinquishment
under
§
1448C(d)(1)
of
this title,
because
of
an
adjudication
or
commitment
under
the
laws
of
this
State
may
petition
for
relief
from
a
firearms prohibition
from
the
Relief
from
Disabilities
Board.
The
Relief
from
Disabilities
Board
shall
be
comprised
of
3
members, with
the
chairperson
appointed
by
and
serving
at
the
pleasure
of
the
Secretary
of
Safety
and
Homeland
Security,
and
2 members
appointed
by
and
serving
at
the
pleasure
of
the
Secretary
of
the
Department
of
Health
and
Social
Services,
1
of whom
shall
be
a
licensed
psychiatrist.
(1)
The
Board
shall
consider
the
petition
for
relief
in
accordance
with
all
of
the
following:
a.
The
Board
shall
give
the
petitioner
the
opportunity
to
present
evidence
to
the
Board
in
a
closed
and confidential
hearing on
the
record;
and
record.
b.
A
The
Board
shall
maintain
a
record
of
the
hearing
shall
be
maintained
by
the
Board
for
purposes
of appellate
review.
(2)
In
determining
whether
to
grant
relief,
the
Board
shall
consider evidence regarding
all
of
the
following:
a.
The
circumstances
regarding
the
firearms
disabilities
pursuant
to
§ 1448(a)(2)
of
this
title
and
18
212 U.S.C.
§ 922(d)(4) and
(g)(4);
(g)(4).
b.
The
petitioner’s
record,
which
must
include,
at
a
minimum,
the
petitioner’s
mental
health
record, including
a
certificate
of
a
medical
doctor
or
psychiatrist
licensed
in
this
State
that
the
person
is
no
longer suffering
from
a
mental
disorder
which
interferes
or
handicaps
the
person
from
handling
deadly
weapons;
weapons.
c.
Criminal history
records;
and
records.
d.
The
petitioner’s
reputation
as
evidenced
through
character
witness
statements,
testimony,
or
other character
evidence.
(3)
The
Board
shall
have
the
authority
to
require
that
the
petitioner
undergo
a
clinical
evaluation
and
risk assessment,
which
it
may
also
consider
as
evidence
in
determining
whether
to approve
or
deny
the
petition
for
relief.
(4)
After
a
hearing
on
the
record,
the
Board
shall
grant
relief
if
it
finds,
by
a
preponderance
of
the
evidence,
that:
all
of
the
following
apply:
a.
The
petitioner
will
not
be
likely
to
act
in
a
manner
dangerous
to
public
safety;
and
safety.
b.
Granting
the
relief
will
not
be
contrary
to
the
public
interest.
(5)
The
Board
shall
issue
its decision
in
writing
explaining
the
reasons
for
a
denial
or
grant
of
relief.
(6)
Any
person
whose
petition
for
relief
has
been
denied
by
the
Relief from
Disabilities
Board
shall
have
has
a right
to
a
de
novo
judicial
review
in
the
Superior
Court.
The
Superior
Court
shall
consider
the
record
of
the
Board hearing
on
the
petition
for
relief,
the
decision
of
the
Board,
and,
at
the
Court’s
discretion,
any
additional
evidence
it deems
necessary
to
conduct
its
review.
(7)
Upon
On
notice
that
a
petition
for
relief
has
been
granted,
the
Department
of
Safety
and
Homeland Security
shall,
as
soon
as
practicable:
practicable,
do
both
of
the
following:
a.
Cause
the
petitioner’s
record
to
be
updated,
corrected,
modified,
or
removed
from
any
database maintained
and
made
available
to
NICS
and
SBI
to
reflect
that
the
petitioner
is
no
longer
subject
to
a
firearms prohibition
as
it
relates
to
§
1448(a)(2)
of
this
title
and
18
U.S.C.
§
922(d)(4)
and
(g)(4);
and
(g)(4).
b.
Notify
the
Attorney
General
of
the
United
States
and
the
Attorney
General
of
this
State
that
the petitioner
is
no
longer
subject
to
a
firearms
prohibition
pursuant
to
under
§
1448(a)(2)
of
this
title
and
18
U.S.C.
§ 922(d)(4)
and
(g)(4).
(m)
The
Department
of
Safety
and
Homeland
Security
The
SBI
shall
adopt
regulations
regulations,
consistent with federal
law,
relating
to
compliance
with
NICS,
including
without
limitation
issues
relating
to
the
transmission
of
data,
the transfer
of
existing
data
in
the
existing
state
criminal
background
check
database
database,
and
the
relief
from
disabilities process
set
forth
in
subsection
(k)
under
subsection
(
l
)
of
this
section.
In
preparing
such
regulations,
the
Department
the SBI
shall
consult
with
the
Department
of
Health
and
Social
Services,
the
courts,
the
Department
of
Children,
Youth
and Their
Families,
the
Department
of
State
State,
and
such
other
entities
as
may
be
necessary
or
advisable.
Such
regulations shall
Regulations
adopted
under
this
section
must
include
provisions
to
ensure
the
identity,
confidentiality
confidentiality,
and
security
of
all
records
and
data
provided
pursuant
to
under
this section.
Section
3.
Amend
§
1448B,
Title
11
of
the
Delaware
Code
by
making
deletions
as
shown
by
strike
through
and
insertions
as
shown
by
underline
as
follows:
§
1448B.
Criminal
history
record
Background
checks
for
sales
of
firearms
—
Unlicensed
persons.
(a)
No
An
unlicensed
person
shall
may
not
sell
or
transfer
any
firearm,
as
defined
in
§
222
of
this
title,
firearm
to any
other
unlicensed
person
without
having
conducted
a
criminal
history
background
check
through
a
licensed
firearms dealer
in
accordance
with
§
1448A
of
this
title
and
§
904A
of
Title
24,
as
the
same
may
be
amended
from
time
to
time,
Title
24
to
determine
whether
the
sale
or
transfer
would
be
in
violation
of
federal
or
state
law,
and
until
the
licensed firearms
dealer
has
been
informed
that
the
sale
or
transfer
of
the
firearm
may
“proceed”
by
the
Federal
Bureau
of Investigation,
NICS
Section
the
State
Bureau
of
Identification,
through
the
Firearm
Transaction
Approval
Program
under Subchapter
VI
of
Chapter
85
of
this
title
or
25
days
have
elapsed
from
the
date
of
the
request
for
a
background
check
and
a denial has not occurred.
(b)
For
purposes
of
this
section:
(1)
“Licensed
dealer”
means
any
person
licensed
as
a
deadly
weapons
dealer
pursuant
to
under
Chapter
9
of Title
24
and
18
U.S.C. §
921
et
seq.
(2)
“Firearm”
means
as
defined
under
§
8571
of
Title
11.
(3)
“Prospective
buyer”
includes
a
prospective
transferee.
(4)
“Prospective
seller”
includes
a
prospective
transferor.
(2)
(5)
“Transfer”
means
assigning,
pledging,
leasing,
loaning,
giving
away,
or
otherwise
disposing
of,
but does
not
include:
include
any
of
the
following:
a.
The
loan
of
a
firearm
for
any
lawful
purpose,
for
a
period
of
14
days
or
less,
by
the
owner
of
said
the
firearm
to
a
person
known personally to
him
or her;
the
owner.
b.
A
temporary
transfer
for
any
lawful
purpose
that
occurs
while
in
the
continuous
presence
of
the
owner of
the
firearm,
provided
that
such
if
the
temporary
transfer
shall
does
not
exceed
24
hours
in
duration;
duration.
c.
The
transfer
of
a
firearm
for
repair,
service
service,
or
modification
to
a
licensed
gunsmith
or
other person
lawfully
engaged in
such
activities
as
a regular
course
of
trade
or
business;
or
business.
d. A transfer
that occurs by
operation of law or because of
the death of a person for
whom the prospective transferor
is
an
executor
or
administrator
of
an
estate
or
a
trustee
of
a
trust
created
in
a
will.
(3)
(6)
“Unlicensed
person”
means
any
person
who
is
not
a
licensed
importer,
licensed
manufacturer
or licensed
dealer.
(c)
The
provisions
of
this
This
section
shall
does
not
apply
to:
to
any
of
the
following:
(1)
Transactions
in
which
the
potential
purchaser
or
transferee
prospective buyer
is
a
parent,
mother-in-law,
father-in-law, stepparent, legal
guardian, grandparent,
child,
daughter-in-law,
son-in-law, stepchild,
grandchild,
sibling, sister-in-law, brother-in-law,
spouse,
or
civil
union
partner
of
the
seller
or
transferor;
transferor.
(2)
Any
firearm
(including
firearm,
including
any
firearm
with
a
matchlock,
flintlock,
percussion
cap,
or similar
type
of
ignition
system)
system,
manufactured in
or
before
1898;
1898.
(3)
Any
replica
of
any
firearm
described
in
paragraph
(c)(2)
of
this
section
if
such
replica:
the
replica
meets
1 of
the following:
a.
Is
not
designed
or
redesigned
to
use
rimfire
or
conventional
centerfire
fixed
ammunition;
or
ammunition.
b.
Uses
rimfire
or
conventional
centerfire
fixed
ammunition
which
is
no
longer
manufactured
in
the United
States
and
which
is
not
readily
available
in
the
ordinary
channels
of
commercial
trade;
trade.
(4)
Any
muzzle-loading
firearm
designed
for
hunting
or
competitive
shooting
not
requiring
a
criminal background
check
pursuant
to
federal
law;
under
federal
law.
(5)
Transactions
in
which
the
potential
purchaser
or
transferee
prospective buyer
is
a
qualified
law-enforcement
officer,
as defined
in
§
1441A
of
this
title,
or
a qualified
retired
law-enforcement
officer,
as
defined
in
§
1441B
of
this
title;
title.
(6)
Transactions
in
which
the
potential
purchaser
or
transferee
prospective buyer
holds
a
current
and
valid
concealed
carry permit
issued
by
the
Superior
Court
of
the
State
of
Delaware
pursuant to
under
§
1441
of
this
title.
(7)
Transactions
in
which
the
prospective
buyer
or
transferee
is
a
bona
fide
member
or
adherent
of
an organized
church
or
religious
group,
the
tenets
of
which
prohibit
photographic
identification;
provided,
however,
that no
unlicensed
person
shall
identification.
Notwithstanding
this
paragraph
(c)(7),
an
unlicensed
person may
not
sell
or
transfer
any
firearm
to
any
such
person
the
prospective
buyer
without
having
conducted
a
criminal
history
background
check
in
accordance
with
conducted
under
subsection
(f)
of
this
section
hereunder
to determine
whether
the
sale
or
transfer
would
be
in
violation
of
federal
or
state
law;
law.
(8)
Transactions
involving
the
sale
or
transfer
of
a
curio
or
relic
to
a
licensed
collector,
as
such
terms
are defined
in
27
C.F.R.
478.11,
as
the
same
may
be
amended
from
time
to
time;
§
478.11.
(9)
Transactions
involving
the
sale
or
transfer
of
a
firearm
to
an
authorized
representative
of
the
State
or
any subdivision
thereof
as
part
of
an
authorized
voluntary
gun
buyback
program.
(d)
Notwithstanding
anything
to
the
contrary
herein,
no
fee
for
a
criminal
history
in
this
section,
a
fee
for
a
background
check
may
not
be
charged
for
the
return
of
a
firearm
to
its
owner
that
has
been
repaired,
serviced
serviced,
or modified
by
a
licensed
gunsmith
or
other
person
lawfully
engaged
in
such
activities
as a
regular
course
of
trade
or
business.
(e)
Any
person
who
knowingly
sells
or
transfers
a
firearm
in
violation
of
this
section
shall
be
is
guilty
of
a
class
A misdemeanor.
Any subsequent offense
shall be
is
a class
G felony. The Superior Court
shall have
has
exclusive
jurisdiction for
all
offenses
under
this
section.
(f)
The
State
Bureau
of
Investigation
Identification
(the
“Bureau”)
shall
facilitate
the
sale
or
transfer
of
any
firearm in
which
the
prospective
buyer
is
a
bona
fide
member
or
adherent
of
an
organized
church
or
religious
group,
the
tenets
of which
prohibit
photographic
identification,
pursuant
to
the
following
procedure.
For
purposes
of
this
subsection,
the
terms “prospective
buyer”
and
“prospective
seller”
shall
include
prospective
transferors
and
prospective
transferees,
respectively.
under
the following procedure:
(1)
The
prospective
buyer
and
prospective
seller
shall
jointly
appear
at
the
State
Bureau
of
Investigation
Bureau
during regular
hours
of
business,
and
shall
inform
the
Bureau
of
their
desire
to
avail
themselves
of
the
procedure
set
forth herein.
this
section.
The
actual
cost
of
the
criminal
history
background
check
shall
must
be
paid
by
either
the prospective
buyer
or
prospective
seller.
(2)
The
prospective
buyer
shall
be
required
to
submit
fingerprints
and
other
necessary
information
in
order
to obtain
a
report
of
the
individual’s
entire
criminal
history
record
pursuant
to
the
Federal
Bureau
of
Investigation appropriation
of
Title
II
of
Public
Law
92-544
(28
U.S.C.
§ 534).
to
complete
a
background
check
under
the
Firearm Transaction
Approval
Program
under
Subchapter
VI
of
Chapter
85
of
this
title.
In
addition,
the
prospective
buyer
shall submit
to the Bureau
a
signed affidavit
stating
that
photographic identification
conflicts
with the tenets of an organized church
or religious
group
of
which
the
prospective
buyer
is
a
bona
fide
member.
(3)
In
the
event
that
said
background
check
If
the
background
check
under
paragraph
(f)(2)
of
this
section
reveals
that
the
prospective
buyer
is
prohibited
from
possessing,
purchasing
purchasing,
or
owning
a
firearm,
the Bureau
shall
so
inform
both
parties
the
prospective
buyer
and
prospective
seller
of
that
fact
and
the
transfer
shall
may
not
take place.
(4)
The
Bureau
shall
maintain
a
record
of
all
background
checks
conducted
under
this
section
to
the
same extent
as
is
required
of
licensed
dealers
pursuant
to
under
Chapter
9
of
Title
24.
(5)
The
Bureau
is
hereby
authorized
to
may
promulgate
such
reasonable
forms
and
regulations
regulations consistent
with federal
law,
as
may be necessary
or desirable to
effectuate
the provisions of
administer
and
enforce
this subsection.
Section
4.
Amend § 1455, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1455. Engaging in a firearms transaction on behalf of another; class E felony; class C felony.
(a)
A person is guilty of engaging in a firearms transaction on behalf of another when the person purchases or obtains a firearm on behalf of a person not qualified to legally purchase, own or possess a firearm in this State or for the purpose of selling, giving or otherwise transferring a firearm to a person not legally qualified to purchase, own or possess a firearm in this State.
(b)
Engaging in a firearms transaction on behalf of another is a class E felony for the first offense, and a class C felony for each subsequent like offense.
(c)(1) A federal firearms licensee who suspects a person engaged in a firearms transaction may be violating this section may alert SBI through the same hotline established under § 8572 of this title for background checks.
(2) Upon receiving notice of a possible transaction in violation of this section, SBI shall forward information relating to the transaction to the appropriate law enforcement agency for further investigation.
Section 5. Amend
§
5161,
Title
16
of
the
Delaware
Code
by
making
deletions
as
shown
by
strike
through
and insertions
as
shown
by
underline
as
follows:
§
5161.
Rights
of
patients
in
mental
health hospitals
or
residential
centers.
(b)
Any
hospital
or
residential
center
that
admits
persons
pursuant
to
Chapter
50,
51,
or
55
of
this
title
shall prominently
post
in
English
and
Spanish
the
list
of
patient
rights
set
forth
in
this
subsection.
In
addition
to
the
posting,
the Department
shall
distribute
a
copy
of
the
list
to
each
patient
and
to
other
persons,
as
provided
in
Department
regulations.
Each
patient
shall
have
the
rights
listed
below,
which
shall
be
liberally
construed
to
fulfill
their
beneficial
purposes.
Furthermore,
in
defining
the
scope
or
extent
of
any
duty
imposed
by
this
section,
higher
or
more
comprehensive obligations established
by
otherwise
applicable
federal,
state,
or
local
enactments
as
well
as
certification
standards
of
accrediting agencies
may
be
considered.
(14)
The
Delaware
Psychiatric
Center
and
any
other
hospital
as
defined
in
§
5001(9)
of
this
title
shall,
pursuant
to
under
§
1448A
of
Title
11,
cause
to
be
submitted
to
the
Federal
Bureau
of
Investigation,
National
Instant Criminal
Background
Check
System
such
the
State
Bureau
of
Identification
(SBI)
information
as
may
be
required
to comply
with
federal
laws
and
regulations
relating
to
background
checks
for
the
purchase
or
transfer
of
firearms.
Such information shall
The
information
must
include only
names
and
other
nonclinical
identifying
information
of
persons
so committed.
The
SBI
shall
transmit the
information,
as
may
be
required
by
law, to
the
FBI
for
use
in
its
National
Instant Criminal
Background
Check
System
(NICS).
Section
6.
Amend
§
904A,
Title
24
of
the
Delaware
Code
by
making
deletions
as
shown
by
strike
through
and insertions
as
shown
by
underline
as
follows:
§
904A.
Criminal
history
Background
checks
for
sales
between
unlicensed
persons.
(a)
For
purposes
of
this
section,
section:
(1)
“licensed
firearm
dealer”
“Dealer”
means
any
person
licensed
as
a
deadly
weapons
dealer
pursuant
to Chapter
9
of
Title
24
under
this
chapter
and
18
U.S.C.
§
921
et
seq.
(2)
“Firearm”
means
as
defined
under
§
8571
of
Title
11.
(3)
“Prospective
buyer”
includes
a
prospective
transferee.
(4)
“Prospective
seller”
includes
a
prospective
transferor.
(5)
“Transfer”
means
as
defined
under
§
1448B
of
Title
11.
(6)
“Unlicensed
person”
means as
defined
under
§
1448B
of
Title 11.
(b)
As
a
condition
of
its
license,
any
dealer
holding
a
license
pursuant
to
under
this
chapter
shall
facilitate
the transfer
of
a
firearm,
as
that
term
is
defined
in
§
222
of
Title
11,
firearm
from
any
unlicensed
person
as
that
term
is
defined in
§
1448B
of
Title
11,
upon
on
the
request
of
said
the
unlicensed
person,
pursuant to
through
the
following
procedure:
(1)
The
prospective
buyer
and
prospective
seller
shall
jointly
appear
at
the
place
of
business
of
the
dealer,
during
said
the
dealer’s
regular
hours
of
business,
and
shall
inform
the
dealer
of
their
desire
to
avail
themselves
of
the
advantages
of the
procedure
set
forth
herein.
this
subsection.
(2)
The
dealer
shall
then
subject
the
prospective
buyer
to
a
criminal
history
background
check
pursuant
to
the terms
of
background
check
under
§
1448A
of
Title
11.
(3)
In
the
event
that
said
record
check
If
the
background
check
under
paragraph
(b)(2)
of
this
section
reveals that
the
prospective
buyer
is
prohibited
from
possessing,
purchasing
purchasing,
or
owning
a
firearm
pursuant
to
under
§
1448
of
Title
11,
the
dealer
shall
so
inform
both
parties
the
prospective
buyer
and prospective
seller
of
that
fact
and
the
transfer
shall
may
not
take
place.
(4)
The
dealer
shall
maintain
a
record
of
all
criminal
history
background
checks
conducted
under
this
section in
accordance
with
§
904
of
this
title.
(5)
Any
dealer
who
is
asked
to
facilitate
the
transfer
of
a
firearm
pursuant
to
the
terms
of
under
this
section, may
charge
a
reasonable
fee
for
said
the
service,
said
fee
which
may
not
to
exceed
$30
per
criminal
history
background
check
performed
pursuant
to
this
procedure.
under
this
section.
Notwithstanding
the
foregoing,
no
a
fee
may
not
be charged
for
the
return
of
a
firearm
to
its
owner
in
the
event
that
if
the
proposed
transaction may
not
be
immediately and legally
completed
as
the
result,
or
lack
thereof,
of
a
criminal
history
background
check
hereunder.
under
this subsection.
(6)
Failure
or
refusal
on
the
part
of
the
dealer
to
facilitate
the
transfer
of
a
firearm
pursuant
to
the
procedures set
forth
herein
shall
be
under
this
subsection
is
adequate
cause
to
suspend
the
license
of
said
the
dealer
for
a
period
not to
exceed 30 days
per
occurrence.
(7)
Subject
to
subchapter
IV
of
Chapter
101
of
Title
29,
no
a
dealer’s
license
shall
may
not
be
restricted,
suspended
suspended,
or
revoked
until
a
license
holder
the
dealer
has
been
given
notice,
notice
and
an
opportunity
to be
heard
in
accordance
with
the
Administrative
Procedures
Act
(Chapter
101
of
Title
29).
(c)
Nothing
in
this
section,
or
any
other
section
of
the
Code,
shall
authorize
or
permit
authorizes
or
permits
the State
or
any
agency,
department
department,
or
instrumentality
thereof
to
establish
any
system
for
the
registration
of firearms,
firearm
owners,
or
firearm
transactions
or
dispositions,
except
with
respect
to
persons
prohibited
from
receiving
a firearm
as
set
forth
in
under
Chapter
5
of
Title
11.
Any
such
system
of registration
is
expressly
prohibited.
Section
7.
Amend
§
9017,
Title
29
of
the
Delaware
Code
by
making
deletions
as
shown
by
strike
through
and insertions
as
shown
by
underline
as
follows:
§
9017.
Confidential
Information.
(c)
The
Department
shall
cause
to
be
submitted
to
the
Federal
Bureau
of
Investigation,
National
Instant
Criminal
Background
Check
System
such
the
State
Bureau
of
Identification (SBI)
information
as
may
be
required
to
comply
with
federal laws
and
regulations
relating
to
background
checks
for
the
purchase
and
transfer
of
firearms.
Such
information
shall
The information must
include
only
names
and other
nonclinical
identifying information.
The SBI
shall
transmit the
information, as
may
be
required
by
law,
to
the
FBI
for
use
in
its
National
Instant
Criminal
Background
Check
System
(NICS).
Section
8.
This
Act
is
effective
upon
enactment
and
is
to
be
implemented
the
earlier
of
the
following:
(1)
One year
from
the
date
of
the
Act’s
enactment.
(2)
On
notice
by
the
Secretary
of
the
Department
of
Safety
and
Homeland
Security
published
in
the
Register of
Regulations
that
the
State
Bureau
of
Identification
has
notified
all
licensed
importers,
licensed
manufacturers,
and licensed
dealers
in
this
State
in
writing
that
any
final
regulations
deemed
necessary
by
the
Secretary
to
implement
this Act
have
been
promulgated
and
the
toll-free
number
required
under
§
8572
of
Title
11
of
the
Delaware
Code
is operational.
