For the purposes of this chapter:

(1) “Ammunition” means as defined in 18 U.S.C. § 921.

(2) “Background check” means a fingerprint-based State and national criminal history record check completed by the SBI and the Federal Bureau of Investigation.

(3) “Bureau” means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

(4) “Business location” means the building in which a licensee sells or transfers firearms.

(5) “Conviction” means as defined in § 222 of Title 11.

(6) “Deadly weapon” means as defined in § 222 of Title 11.

(7) “DOJ” means the Delaware Department of Justice.

(8) “DSP” means the Delaware State Police.

(9) “Federal firearms license” or “FFL” means a license under 18 U.S.C. § 923.

(10) “Felony” means a felony offense under the laws of this State or any other jurisdiction.

(11) “Firearm” means as defined in § 222 of Title 11. “Firearm” does not include any of the following:

a. An “antique firearm,” as defined under 18 U.S.C. § 921.

b. A maritime flare gun. A “maritime flare gun” means a handheld nautical pyrotechnic emergency signaling device of the type required by the U.S. Coast Guard.

c. Construction tools such as powder-actuated concrete or steel hammer tools or powder-actuated fastening tools.

(12) “Firearm dealer” means a person that engages in the wholesale or retail sale or transfer of firearms, including a pawnbroker, and that has, or is required to have, a federal firearms license. A “firearm dealer” does not include a person that has sold or transferred 10 or fewer firearms within any calendar year that the person has engaged in selling or transferring firearms.

(13) “Fund” means the Firearm Licensing Fund under § 959B of this title.

(14) “Licensee” means the holder of a state license.

(15) “License fee” means the initial license fee for a state license or a renewal license fee for a state license.

(16) “Pawnbroker” means as defined under 18 U.S.C. § 921.

(17) “Person” means a partnership, corporation, company, association, firm, society, joint-stock company, or other legal entity, including each responsible person associated with that entity, or an individual.

(18) “Responsible person” means an individual who possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of a partnership, corporation, company, association, firm, society, joint-stock company, or other legal entity, as that management and policy pertains to firearms.

(19) “SBI” means the State Bureau of Identification.

(20) “Sell” or “sale” means the actual approval of the delivery of a firearm in consideration of payment or a promise of payment, or the intention to deliver a firearm in consideration of payment or a promise of payment.

(21) “State license” means a license issued by the DSP that allows a firearm dealer to sell or transfer a firearm.

(22) “Trace request” means a request by the Bureau for information contained in the records required to be kept under Chapter 44 of Title 18 of the United States Code and the implementing federal regulations for determining the disposition of a firearm in the course of a bona fide criminal investigation.

(23) “Transfer” means as defined under § 1448B of Title 11.

(24) “Unlicensed person” means a person that is not a licensee or a federal firearms license holder.

85 Del. Laws, c. 467, § 1; 

(a) A person that does not meet the definition of “firearm dealer” is required to obtain a special license to sell deadly weapons if that person would be required to obtain that license under Chapter 9 of this title.

(b) A person that previously did not meet the definition of “firearm dealer” because that person sold or transferred 10 or fewer firearms but subsequently sells or transfers more than 10 firearms within a calendar year, must comply with § 903B and § 904B of this title within 1 calendar year of exceeding the threshold.

(c) Except as otherwise indicated, a firearm dealer shall comply with the provisions of Chapter 9 of this title with which a person licensed under Chapter 9 of this title must comply.

85 Del. Laws, c. 467, § 1;