Professions and Occupations
CHAPTER 9. Deadly Weapons Dealers
No person shall engage in the business of selling any pistol or revolver, or stiletto, steel or brass knuckles, or other deadly weapon made especially for the defense of one’s person without first having obtained a license therefor, which license shall be known as “special license to sell deadly weapons.” No person licensed or unlicensed shall possess, sell or offer for sale any switchblade knife.
This section shall not apply to toy pistols, pocket knives or knives used for sporting purposes and in the domestic household, or surgical instruments or tools of any kind.26 Del. Laws, c. 15, § 1; Code 1915, § 257; Code 1935, § 231; 24 Del. C. 1953, § 901; 49 Del. Laws, c. 77; 66 Del. Laws, c. 184, § 1;
Whoever desires to engage in the business of selling any of the articles referred to in the first paragraph of § 901 of this title shall apply to the Department of State to obtain a license to conduct such business and shall pay an application fee of $50 to the Department. The license shall entitle the holder thereof to conduct such business until June 1 next succeeding its date. An application for renewal of such license shall be accompanied by a payment of $50 to the Department.26 Del. Laws, c. 15, § 2; 27 Del. Laws, c. 30; Code 1915, § 258; Code 1935, § 232; 42 Del. Laws, c. 71, § 1; 24 Del. C. 1953, § 902; 49 Del. Laws, c. 346, § 3; 61 Del. Laws, c. 406, § 1; 65 Del. Laws, c. 379; 66 Del. Laws, c. 249, § 1; 75 Del. Laws, c. 88, § 17(2);
No person shall sell to a person under the age of 21 or any intoxicated person any of the articles referred to in the first paragraph of § 901 of this title.26 Del. Laws, c. 15, § 3; Code 1915, § 259; 30 Del. Laws, c. 28, § 1; Code 1935, § 233; 42 Del. Laws, c. 71, § 2; 24 Del. C. 1953, § 903; 66 Del. Laws, c. 184, § 2;
(a) Any person desiring to engage in the business described in this chapter shall keep and maintain in the place of business at all times a record in accordance with this section and all applicable federal laws and regulations (including, without limitation, 18 U.S.C. § 921 et seq. and 27 C.F.R. 478.121 et seq.). In such record the businessperson shall enter the date of the sale, the name and address of the person purchasing any deadly weapon, the number and kind of deadly weapon so purchased, the age of the purchaser, the mode of identification bearing a picture (except as provided in § 1448B(f) of Title 11) which shall include but it is not limited to a driver’s license, and any other information as shall be required by federal law and regulation. The record shall at all times be open for inspection by any judge, justice of the peace, police officer, constable or other peace officer of this State.
(b) Any person engaging in the business described in this chapter shall keep and maintain a list of current employees including their names, former names used, dates of birth, physical descriptions and social security numbers. The required employee list and all attachments thereto shall be considered confidential but shall, nevertheless, be open for inspection by any police officer of this State or of any political subdivision of this State, within their respective jurisdiction, at any time, at the licensee’s primary place of business and during the licensee’s regular business hours. No person licensed under this chapter shall knowingly allow any employee who is a person prohibited from possessing a deadly weapon pursuant to § 1448 of Title 11 to facilitate a sale of a deadly weapon. All employers licensed to do business pursuant to this chapter shall, prior to employment and at least once during each calendar year thereafter, perform a telephonic criminal history record check of each employee utilizing the procedures set forth in § 1448A of Title 11 and shall make and maintain a record thereof using the State Bureau of Identification Criminal History Record Information and Mental Health Information Consent Form (Form 544). A copy of each such form shall be attached to the above required employee list for inspection upon the valid request of a police officer of this State or of any political subdivision of this State, within their respective jurisdiction.
(c) Notwithstanding any provision to the contrary, any inspection by a judge, justice of the peace, police officer, constable, or other peace officer of this State shall be reasonable under the circumstances existing at the time and shall only be made pursuant to and in furtherance of an open criminal investigation or during the course of a criminal prosecution.26 Del. Laws, c. 15, § 4; Code 1915, § 259; 30 Del. Laws, c. 28, § 1; Code 1935, § 233; 42 Del. Laws, c. 71, § 2; 24 Del. C. 1953, § 904; 61 Del. Laws, c. 406, §§ 2-4; 63 Del. Laws, c. 55, § 1; 66 Del. Laws, c. 184, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 149, § 1; 79 Del. Laws, c. 20, §§ 8, 8A;
(a) For purposes of this section:
(1) “Dealer” means any person licensed as a deadly weapons dealer 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 under this chapter shall facilitate the transfer of a firearm from any unlicensed person on the request of the unlicensed person, through the following procedure:
(1) The prospective buyer and prospective seller shall jointly appear at the place of business of the dealer, during the dealer’s regular hours of business, and shall inform the dealer of their desire to avail themselves of this subsection.
(2) The dealer shall subject the prospective buyer to a background check under § 1448A of Title 11.
(3) If the background check under paragraph (b)(2) of this section reveals that the prospective buyer is prohibited from possessing, purchasing, or owning a firearm under § 1448 of Title 11, the dealer shall inform the prospective buyer and prospective seller of that fact and the transfer may not take place.
(4) The dealer shall maintain a record of all 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 under this section, may charge a reasonable fee for the service, which may not exceed $30 per background check performed under this section. Notwithstanding the foregoing, a fee may not be charged for the return of a firearm to its owner if the proposed transaction may not be immediately and legally completed as the result, or lack thereof, of a background check under this subsection.
(6) Failure or refusal on the part of the dealer to facilitate the transfer of a firearm under this subsection is adequate cause to suspend the license of the dealer for a period not to exceed 30 days per occurrence.
(7) Subject to subchapter IV of Chapter 101 of Title 29, a dealer’s license may not be restricted, suspended, or revoked until the dealer has been given 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, authorizes or permits the State or any agency, 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 under Chapter 5 of Title 11. Any such system of registration is expressly prohibited.69 Del. Laws, c. 324, § 1; 79 Del. Laws, c. 20, § 9; 83 Del. Laws, c. 330, § 6;
Whoever violates this chapter shall be fined not more than $250 or imprisoned not more than 6 months, or both.26 Del. Laws, c. 15, § 5; Code 1915, § 260; Code 1935, § 234; 24 Del. C. 1953, § 905; 66 Del. Laws, c. 184, § 4;