(a) Except as provided in subsection (d) of this section, a licensee may only sell or transfer a firearm in this State at the licensee’s business location.

(b) A licensee shall do 1 of the following:

(1) Post at the business location the licensee’s business hours or that business hours are by appointment.

(2) Report business hours or that business hours are by appointment to the DSP.

(c) Except as provided in subsection (d) of this section, a licensee may only sell or transfer a firearm in this State during the licensee’s posted or reported business hours, or during an appointment.

(d) (1) A licensee may participate in and temporarily conduct business in this State at a location differing from the licensee’s business location and at times differing from posted or reported business hours during a commercially sponsored gun show, sportsmen’s show, outdoor show, or similar event, which are either sponsored by the licensee or for which the licensee pays a fee to the operator for the privilege of participating and conducting business at that event. A licensee may also participate in and conduct business during a gun show or similar event conducted by Delaware volunteer fire companies, veterans’ organizations, and other nonprofit fraternal organizations.

(2) Paragraph (d)(1) of this section does not authorize a licensee to conduct business in or from a motor vehicle.

(e) Advertising that firearms are for sale does not constitute selling or transferring a firearm.

85 Del. Laws, c. 467, § 1; 

(a) A licensee’s business location and any place that, for business purposes, the licensee stores or displays firearms or ammunition must be equipped with a functioning security alarm system that complies with regulations promulgated under subsection (c) of this section.

(b) (1) Subject to paragraphs (b)(2) and (b)(3) of this section, a licensee’s business location must be equipped with a functioning digital surveillance system that complies with regulations adopted under subsection (c) of this section and operates in a manner that deters theft and enables the system to record all of the following:

a. The individuals involved in a firearms transaction.

b. All areas where firearms are handled, displayed, sold, or transferred.

c. Any entrance, access, or exit to all firearm storage areas.

d. Any entrance, access, or exit to the business location.

(2) In lieu of the recording requirements in paragraphs (b)(1)a. through (b)(1)d. of this section, a licensee whose business location is also a residential dwelling or a licensee that sells or transfers on average 50 or fewer firearms per calendar year is required to ensure that the digital surveillance system records the business interaction occurring within the business location any time the licensee:

a. Sells or transfers a firearm.

b. Attempts to sell or transfer a firearm.

c. Is otherwise interacting with a customer.

(c) The DSP shall adopt security regulations to establish requirements for the secure storage and display of firearms and ammunition to prevent unauthorized access. The DSP’s regulations must include all of the following:

(1) Provisions about the location and manner that firearms and ammunition must be stored and displayed in both a temporary and a permanent business location.

(2) Specifications for any required secure rooms, safes, locking devices, and physical barriers.

(3) Building security requirements for any building in which firearms or ammunition are stored, displayed, sold, or transferred.

(4) Security alarm system specifications.

(5) Digital surveillance system specifications, and related specifications including all of the following:

a. Lighting requirements in surveilled areas.

b. Type of video and audio recordings required.

c. Any areas in addition to those identified in paragraph (b)(1) of this section that must be surveilled.

d. Notification of surveillance to the public.

(6) Security requirements specific to licensees with business locations that are also a residential dwelling.

(7) The length of time licensees must maintain the recordings required under this section.

(d) (1) The DSP shall consider industry standards and best practices when adopting regulations under subsection (c) of this section.

(2) The DSP shall engage stakeholders, national and Delaware associations, and advocacy groups with knowledge and expertise to develop and implement best practice guidance related to preventing straw purchases and retail theft.

(e) A licensee shall comply with all applicable security regulations adopted under subsection (c) of this section.

(f) It is not a violation of this section if the systems, features, devices, or media required by this section become temporarily inoperable through no fault of the licensee.

85 Del. Laws, c. 467, § 1; 

A licensee may not allow access to the surveillance system or disclose surveillance recordings obtained under § 916B of this title to any person except as follows:

(1) A licensee shall allow access to the surveillance system and disclose surveillance recordings as follows:

a. As required by a search warrant.

b. In response to a court order.

c. As part of a DSP inspection of the licensee’s business location.

(2) A licensee may allow access to the surveillance system and disclose surveillance recordings as follows:

a. In response to an insurance claim.

b. As needed to assist with an active law-enforcement investigation.

c. As needed for business or repair purposes.

d. As needed to defend against or to pursue a lawsuit or other legal action.

85 Del. Laws, c. 467, § 1; 

A licensee shall display the licensee’s state license certificate or a copy of the certificate as follows:

(1) At the licensee’s business location in the area where firearms are sold or transferred.

(2) In the area where firearms are sold or transferred when engaging in business at a temporary location under § 915B(d)(1) of this title.

(3) In a manner that allows the certificate or copy to be easily read.

85 Del. Laws, c. 467, § 1; 

A licensee shall carry a minimum of $1,000,000 of general liability insurance coverage, listing the licensed business as the certificate holder.

85 Del. Laws, c. 467, § 1; 

(a) A licensee shall promptly notify the Bureau and DSP about any loss, theft, or unlawful transfer of any firearm or ammunition, including if caused by the licensee’s employee, contractor, or volunteer, as soon as practicable and no later than 24 hours after the licensee knows or should have known about the loss, theft, or unlawful transfer.

(b) (1) A licensee shall promptly respond to a request from a law-enforcement agency, including requests for documents and records, no later than 24 hours after receiving the request.

(2) For purposes of this section, “law-enforcement agency” includes the DOJ.

(c) A licensee shall report to the DSP changes in any of the following within 14 calendar days of the change:

(1) Business location.

(2) Responsible persons.

(d) (1) A licensee shall establish and maintain a book or electronic database of firearms acquisitions and dispositions that includes all of the following records about each firearm:

a. The make, model, caliber or gauge, and serial number of the firearm.

b. Date of acquisition and date of sale or transfer.

c. Identity of the purchaser or transferee.

d. Purchase permit information.

e. Any additional information under § 904(a) of this title.

(2) The licensee shall account for all firearms acquired but not yet disposed of through an inventory check prepared once per month.

(3) A licensee shall have the book or database accessible in the licensee’s business location.

(4) A licensee shall submit the records under paragraphs (d)(1)a. and (d)(1)b. of this section to the DSP, biannually, by every April 30 and October 30. The licensee shall submit only the records that they did not previously submit to the DSP under this paragraph (d)(4).

(5) The DSP shall adopt regulations regarding how long the records under this subsection must be retained and any required record formatting.

(e) A licensee shall maintain records of criminal firearm traces initiated by the Bureau, including all federal ATF Form 4473 transaction records, for at least 6 years.

(f) (1) A licensee shall collect and maintain the information under § 904(b) of this title, and the record must list and include the required information about all employees, contractors, and volunteers who perform the functions under § 931B(b)(1) of this title.

(2) The licensee does not need to collect and maintain records relating to the telephonic background check.

(g) A licensee shall back up all required records and maintain those records in either of the following ways:

(1) If using a paper-based system, back up monthly, and store in a secure container designed to prevent loss by fire, theft, or flood.

(2) If using an electronic record system, back up at the close of each business day, to an external server or over the internet.

85 Del. Laws, c. 467, § 1;