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.

83 Del. Laws, c. 330, § 1; 

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. § 478.11.

(5) “Licensed importer” means as defined under 27 C.F.R. § 478.11.

(6) “Licensed manufacturer” means as defined under 27 C.F.R. § 478.11.

(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.

83 Del. Laws, c. 330, § 1; 

(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 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.

83 Del. Laws, c. 330, § 1; 

(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.

83 Del. Laws, c. 330, § 1; 

(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) of this section 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.

(f) (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 subsection (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.

83 Del. Laws, c. 330, § 1;