(a) A licensee shall require an employee, volunteer, or contractor who will perform the functions under § 931B(b)(1) of this title or will have access to the locations where firearms are stored or displayed to undergo a background check before the employee, contractor, or volunteer may perform the functions under § 931B(b)(1) of this title or have access to the locations where firearms are stored or displayed.

(b) A licensee shall require the employee, volunteer, or contractor to undergo a background check biennially.

(c) A licensee shall require a new employee, volunteer, or contractor who will perform the functions under § 931B(b)(1) of this title or will have access to the locations where firearms are stored or displayed to undergo a background check regardless of when that employee, volunteer, or contractor last had a background check completed.

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

(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) 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 current employee, contractor, or volunteer subject to a background check under this section.

(2) The biennial background checks under subsection (b) of this section 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 this section.

(g) The DSP, based on the results of the background check or Rap Back System notifications, shall inform the licensee about whether the employee, contractor, or volunteer is eligible under § 939B of this title.

(h) The background check requirements under this section are in place of the background check requirements under § 904(b) of this title.

85 Del. Laws, c. 467, § 1; 

A licensee shall require an employee, contractor, or volunteer who performs the functions under § 931B(b)(1) of this title or has access to the locations where firearms are stored or displayed to satisfy all of the following:

(1) Be at least 18 years old.

(2) Be eligible to possess a firearm under the laws of this State and federal law.

85 Del. Laws, c. 467, § 1;