CHAPTER 293

FORMERLY

HOUSE BILL NO. 393

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 11, DELAWARE CODE RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR SALES OF FIREARMS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 11, §1448A of the Delaware Code by striking

existing subsection (d)(1) in its entirety and in lieu thereof substituting the following:

"(d)(1) Any records containing any of the information set forth in subsection (a)(1) pertaining to a potential buyer or transferee who is not found to be prohibited from receipt or possession of a firearm by reason of 11 Del.C. §1448 or federal law shall be confidential and may only be disclosed by any officer or employee of SBI to other law enforcement agencies. The SBI and any other law enforcement agencies shall destroy any such records after it communicates the corresponding approval number to the licensee and such records shall be destroyed within sixty (60) days after the day of receipt of the licensee's request."

Section 2. Amend Title 11, §1448A of the Delaware Code by adding the following at the end of existing subsection (d)(3):

"However, the SBI may retain whatever information it receives

including, but not limited to, the identifying information of potential buyers or transferees, if SBI has probable cause to believe the potential buyer or transferee is committing a crime."

Section 3. Amend §1448A(a), Title 11 of the Delaware Code by deleting the words and symbol "and has inspected identification containing a photograph of the potential buyer or transferee;" as they appear in §1448A(a)(1), by inserting in lieu thereof the symbol and word "; and", and by renumbering paragraphs (1) through (3) as (2) through (4)."

Section 4. Amend §1448A(a), Title 11 of the Delaware Code by creating a new paragraph (1) to read as follows:

"(1) Obtained from the potential buyer or transferee a non-expired identification issued by a governmental agency indicating the address, sex and date of birth of the buyer or transferee and bearing a photograph of the transferee obtained from the potential buyer or transferee, a secondary form of identification which Indicates the same name and address of the buyer or transferee as noted on the government issued identification, and has inspected said identifications and has determined that they accurately reflect the identify of the buyer or transferee. For purposes of this section, an original gas, electric, telephone or other utility bill may qualify as a secondary form of identification, if it contains the requisite information."

Section 5. Amend §1448A(a), Title 11 Of the Delaware Code by adding thereto a new paragraph, said new paragraph to be designated as paragraph (5), which shall read as follows:

"(5) In the event that the potential buyer or transferee Is prohibited from purchasing a firearm, within seven days of the notification of said prohibition, the licensee shall deliver to the State Bureau of Identification a copy of all consent forms executed by the potential buyer, along with the following information:

(i) the name, address and telephone number of the licensee, and of any agent or employee of the licensee who witnessed the prohibited attempted sale or transfer; and

(i) the number, type, descriptions and serial numbers of any firearms which the buyer or the transferee attempted to purchase or otherwise acquire.

Any information received by the State Bureau of Identification pursuant to this paragraph may be provided to any law enforcement agency for the purpose of investigating and prosecuting any criminal conduct."

Approved July 5, 1994.