Delaware General Assembly

LOT 6/7/00

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

6/8/99

McDowell

Sen. Henry
Rep. D.P. Williams

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE SALE OR TRANSFER OF HANDGUNS BY UNLICENSED PERSONS.

Although Delaware has instant criminal background checks for the purchasers of new firearms, this check currently does not apply to private sales, which are estimated to account for over half of all firearm sales in Delaware. Delaware is now the only state in the region that allows private sales without a records check. This Bill closes this loophole by requiring private sales of handguns to be facilitated through a licensed firearms dealer. The firearms dealer will conduct the necessary criminal background check to ensure that the purchaser is not prohibited from purchasing or possessing firearms. This Bill will also require owners of handguns to report the loss or theft of their handguns to law enforcement. With this mandatory reporting requirement, an individual who fails to perform the necessary records check on a secondary sale will not be able to claim with impunity that a handgun sold illegally was stolen. Finally, this legislation will extend the length of time that information concerning firearm purchases will be maintained.

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Takes effect upon being signed into law

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