(a) The DSP shall revoke a state license if the licensee:

(1) No longer holds a valid FFL.

(2) Knowingly employs, contracts with, or allows as a volunteer a person in violation of § 931B, § 938B, or § 939B of this title.

(3) Is or becomes prohibited from possessing or purchasing firearms under any state or federal law.

(4) Is convicted of any of the following:

a. A felony.

b. Trafficking in firearms under 18 U.S.C. § 933 or aiding and abetting the trafficking of firearms under 18 U.S.C. § 2.

(b) The DSP shall revoke a licensee’s state license if a licensee knows or should have known that a responsible person is in violation of subsection (a) of this section, and the licensee allows that responsible person to continue serving as a responsible person while that responsible person would otherwise be ineligible to do so.

(c) Except as provided in subsections (a) and (b) of this section, if the DSP finds that a licensee failed to comply with any other provisions of this chapter or any other State law, the DSP may do the following:

(1) For a first occurrence, issue a warning to the licensee that includes a description of the violation and the penalty for subsequent violations.

(2) For a subsequent occurrence, do any of the following:

a. Issue a warning under paragraph (c)(1) of this section.

b. Impose a civil penalty, of no less than $500 through $3,000, including costs.

c. Suspend the licensee’s state license for a period not to exceed 6 months.

d. Revoke the licensee’s state license.

(d) Before the DSP may impose a civil penalty, deny a license, suspend a license, or revoke a license under this section, the licensee must be given notice and the opportunity to be heard in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(e) (1) A firearms dealer whose state license is revoked solely because that person no longer holds a valid federal firearm license may apply for a new state license any time after that person obtains a valid FFL.

(2) A firearms dealer whose state license is revoked for knowingly employing, contracting with, or allowing as a volunteer a person in violation of § 931B, § 938B, or § 939B of this title may apply for a new state license no sooner than 5 years after the revocation date.

(f) A person required to obtain a license under § 903B of this title who sells or transfers a firearm without a license is guilty of a class C felony.

85 Del. Laws, c. 467, § 1;