CHAPTER 324

FORMERLY

HOUSE BILL NO. 561
AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 11 AND 24 OF THE DELAWARE CODE RELATING TO THE TRANSFER OR SALE OF FIREARMS BY UNLICENSED PERSONS.

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

Section 1. Amend Chapter 9 of Title 24 of the Delaware Code by adding thereto a new section, said new section to be designated as §904A, to read as follows:

"904A. Criminal History Checks for Sales Between Unlicensed Persons. (a) For purposes of this section:

(1) 'Licensed firearm dealer' means any person licensed as a deadly weapons dealer pursuant to Chapter 9, Title 24 of the Delaware Code and 18 U.S.C. §921 et seq.

(b) As a condition of its license, any dealer holding a license pursuant to this Chapter shall facilitate the transfer of a firearm, as that term is defined in §222 of Title 11, from any person who is not so licensed, upon the request of said unlicensed seller pursuant to the following procedure:

(1) The prospective buyer and seller shall jointly appear at the place of business of the dealer, during said 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.

(2) The dealer shall then subject the prospective buyer to a criminal history record check pursuant to the terms of §1448A of Title H.

(3) In the event that said record check reveals that the prospective buyer is prohibited from possessing, purchasing, or owning a firearm pursuant to §1448 of Title 11, the dealer shall so inform both parties of that fact and the transfer shall not take place.

(4) Any dealer who is asked to facilitate the transfer of a firearm

pursuant to the terms of this section, may charge a reasonable fee for said service, said fee not to exceed $20.00 per criminal history check performed pursuant to this procedure.

(5) 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 adequate cause to suspend the license of said dealer for a period not to exceed 30 days per occurrence."

Approved July 8, 1994