(a) Notwithstanding § 901 of this title, instead of a special license to sell deadly weapons, a firearm dealer must obtain a state license and comply with the provisions in this chapter to sell or transfer a firearm in this State.

(b) The DSP shall develop a standardized application for a firearm dealer to use to apply for or renew a state license.

(c) The DSP shall develop a standard state license certificate that shows a firearm dealer has obtained or renewed a state license.

85 Del. Laws, c. 467, § 1; 

(a) To obtain a state license, a firearm dealer must submit to the DSP all of the following:

(1) A completed application.

(2) The initial license fee under § 906B of this title.

(3) The identity of all responsible persons.

(4) If an individual, a copy of the applicant’s valid government-issued photo identification.

(5) A copy of all responsible persons’ valid government-issued photo identification.

(6) The business location or expected business location, and, when possible, proof of a lease or deed for the business location.

(7) All required documents for opening a business in the county or municipality in which the business is located or expected to be located.

(8) Proof of the liability insurance required under § 919B of this title.

(9) Proof of a valid federal firearms license.

(10) Any other information required by the DSP.

(b) If an individual, an applicant for a state license shall, at the applicant’s expense, complete a background check.

(c) Each responsible person for the firearm dealer shall, at the responsible person’s expense, complete a background check.

(d) For purposes of this section, the SBI must be the intermediary and the screening point for the receipt of each background check.

(e) A person holding a valid Delaware concealed carry permit pursuant to § 1441 of Title 11 is exempt from the background checks under subsections (b) and (c) of this section.

(f) The DSP shall grant a state license completed in accordance with subsections (a) through (c) of this section unless the applicant or any responsible person is ineligible under § 905B of this title.

(g) (1) Except as provided in paragraph (f)(2) or (f)(3) of this section, the DSP shall determine whether to grant an applicant’s initial application for a state license within 60 calendar days after the filing of the application.

(2) Unless the applicant, if an individual, or a responsible person submits proof of a valid Delaware driver’s license or a valid Delaware state identification card, the DSP has up to 90 calendar days to determine whether to grant an applicant’s initial application for a state license.

(3) If the results of a background check are delayed or in the event of an electronic failure or similar emergency beyond the control of the DSP, the DSP shall immediately notify the applicant of the reason for, and estimated length of, the delay. After a notification under this paragraph (g)(3), the DSP shall make its determination on resolution of the delay, failure, or emergency.

(h) The results of a background check obtained under this section are valid for 2 calendar years for purposes of applying for an initial license or a license renewal under this chapter.

85 Del. Laws, c. 467, § 1; 

(a) A person is ineligible to obtain a state license if any of the following apply:

(1) The federal government, a state, or a subdivision of a state, has revoked, suspended, or denied the person’s permit or license to sell, lease, transfer, purchase, or possess a firearm or ammunition unless either of the following:

a. The revocation, suspension, or denial was due to an incomplete or incorrect application.

b. It has been 5 or more years since the revocation, suspension, or denial.

(2) The person is a person prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm under § 1448 of Title 11.

(3) The person does not hold a valid FFL.

(4) The person knowingly makes a false statement on that person’s application for that person’s state license or application to renew that person’s state license.

(b) An individual is ineligible to serve as a responsible person if any of the following apply:

(1) The federal government, a state, or a subdivision of a state, has revoked, suspended, or denied the individual’s permit or license to sell, lease, transfer, purchase, or possess a firearm or ammunition unless either of the following:

a. The revocation, suspension, or denial was due to an incomplete or incorrect application.

b. It has been 5 or more years since the revocation, suspension, or denial.

(2) The individual is a person prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm under § 1448 of Title 11.

(3) The individual is not a responsible person on the FFL.

(4) The individual knowingly makes a false statement on the application for a state license or application to renew a state license.

(c) Notwithstanding paragraph (a)(2) or (b)(2) of this section, a person subject to a temporary prohibition order under § 1448(a)(11) of Title 11 may, while the order is in effect, obtain or retain a state license if the person does all of the following:

(1) Designates a responsible person who is not ineligible to serve under subsection (b) of this section to operate the business operating under the state license while the order is in effect.

(2) On designation of a responsible person, ceases serving as a responsible person while the order is in effect.

(3) Complies with all requirements in the order.

(4) Maintains records of compliance with 27 C.F.R. § 555.57.

85 Del. Laws, c. 467, § 1; 

(a) In lieu of the fee in § 902(a) of this title, the license fees are as follows:

(1) The license fee for an initial state license is $300.

(2) The license fee for a license renewal is $250.

(b) The initial license fee may be prorated for applications received after January 1.

85 Del. Laws, c. 467, § 1; 

(a) The DSP shall develop a standardized state license renewal application that requires an applicant to do all of the following:

(1) Certify, in writing and under the penalty of perjury, that that the licensee and any responsible person is not ineligible under § 905B of this title and is in compliance with all other requirements under this chapter and Chapter 9 of this title.

(2) Pay the license renewal fee under § 906B of this title.

(3) Provide all of the following data for the preceding calendar year:

a. Total number of trace requests received.

b. For each trace, the make, model, and caliber or gauge of the firearm, and the date of the sale or transfer.

c. Whether the licensee was inspected by the Bureau, and if so, copies of any report or letters received from the Bureau about the results of that inspection.

(b) Notwithstanding § 902(a) of this title, a licensee shall, by December 31 of each year, submit to the DSP the completed application under subsection (a) of this section to renew that licensee’s state license.

(c) (1) Except as provided in § 908B of this title and if no longer valid under § 904B(h) of this title, each responsible person and the licensee, if the licensee is an individual, shall, at the responsible person’s and licensee’s expense, complete a background check.

(2) An individual is not required to obtain a background check under paragraph (c)(1) of this section if that individual has obtained a background check within the previous 2 calendar years under this section or § 904B(h) of this title.

(d) For purposes of this section, the SBI must be the intermediary and the screening point for the receipt of the background checks.

(e) The DSP shall notify the licensee by September 30 to remind licensees about the renewal application deadline.

(f) (1) A licensee that submits a timely and sufficient renewal application may continue to sell or transfer a firearm while the DSP considers that licensee’s renewal application.

(2) The DSP may do 1 or more of the following to a licensee that does not submit a timely and sufficient renewal application:

a. Require the licensee to pay a late application fee.

b. Prohibit the licensee from selling or transferring a firearm until a renewal decision is made.

(3) For purposes of this subsection, a renewal application is “sufficient” if it includes on its face the information necessary to show that the licensee is eligible for renewal.

(g) The DSP shall decide whether to grant the renewal application no later than 60 calendar days after the date that the application is received.

(h) The DSP shall provide an updated state license certificate under § 903B(c) of this title for a licensee whose renewal application is approved.

85 Del. Laws, c. 467, § 1; 

If the “Rap Back System” as defined by § 8502 of Title 11 is available to SBI, then all of the following must occur:

(1) The DSP shall use all subsequent criminal history record information available through the Rap Back System for a licensee or responsible person that had a background check performed under § 904B(b) or (c) of this title and was subject to a background check under § 907B(c) of this title.

(2) The biennial background checks under § 907B(c) of this title will be replaced by use of the Rap Back System.

(3) The DSP shall inform licensees that the biennial background checks are no longer required and that the Rap Back System will be used instead of the background checks under § 907B(c) of this title.

85 Del. Laws, c. 467, § 1;