TITLE 24

Professions and Occupations

CHAPTER 9B. Firearm Dealers [For application of this chapter, see 85 Del. Laws, c. 467, §§ 13, 14]

Subchapter VII. State duties and authorities [For application of this subchapter, see 85 Del. Laws, c. 467, §§ 13, 14]

§ 950B. DSP and DOJ duties and authorities [For application of this section, see 85 Del. Laws, c. 467, §§ 13, 14].

(a) The DSP shall promulgate regulations in accordance with the Administrative Procedures Act, Chapter 101 of Title 29 to implement this chapter. The DSP may not alter the eligibility criteria for obtaining a license but may require the collection of additional information needed to verify an applicant’s eligibility.

(b) The DSP shall report any violation of this chapter by a licensee to the Bureau.

(c) (1) The DSP shall biennially collect and report all of the following about the preceding 2 calendar years:

a. The number of license applications received, granted, and denied.

b. The number of on-site inspections conducted by the DSP and the number of licensees inspected.

c. The number of warnings issued to licensees and the basis for the issued warnings.

d. The number of civil penalties issued against licensees and the basis for the issued civil penalties.

e. The number of licenses suspended, and the number of licenses revoked, and the basis for each suspension or each revocation.

f. The total amount of license fees and civil penalties collected and deposited into the Fund under § 959B of this title.

g. The total amount spent on licensing costs and inspections under this chapter.

h. The number of stolen firearms reported by licensees.

i. The number of lost firearms reported by licensees.

j. The amount of stolen ammunition reported by licensees.

k. The amount of lost ammunition reported by licensees.

l. The total number of trace requests received reported by licensees.

m. The total number of Bureau inspections reported by licensees.

n. The total number of licenses that are not renewed excluding licenses that have been revoked or suspended.

(2) The report may include any of the following demographic information about individuals under paragraphs (c)(1)a. through (c)(1)e. of this section:

a. Race and ethnicity.

b. Sex.

c. Geographic location.

(3) The DSP shall submit the report biennially, no later than March 1, to all of the following:

a. The Secretary of the Senate, for distribution to all Senators.

b. The Chief Clerk of the House of Representatives, for distribution to all Representatives.

c. The Director and the Librarian of the Division of Legislative Services.

d. The Controller General of the Office of the Controller General.

(4) The DSP shall publish the report on the DSP’s website no more than 90 calendar days after submission to the General Assembly under paragraph (c)(3) of this section.

(d) DSP or the DOJ may investigate a person’s breach of this chapter.

(e) Except in accordance with judicial order or as otherwise provided by law, all documents, data, images, information, reports, and correspondence, and the information within, that are created, transmitted, received, stored, or maintained by DSP or the DOJ in accordance with this chapter are confidential and may not be disclosed or made known to any unauthorized person.

85 Del. Laws, c. 467, § 1; 

§ 951B. On-site inspection [For application of this section, see 85 Del. Laws, c. 467, §§ 13, 14].

(a) The DSP shall conduct an on-site inspection of each licensee’s business location at least once every 2 years to ensure compliance with this chapter and Chapter 9 of this title.

(b) In addition to the inspections under subsection (a) of this section, DSP may conduct reasonable periodic inspections of a licensee’s place of business during the licensee’s regular posted or reported business hours, or the hours of operation provided by the licensee in that licensee’s FFL application to ensure compliance with this chapter and Chapter 9 of this title.

(c) The DSP may inspect licensee records to ensure compliance with this chapter and Chapter 9 of this title.

(d) A licensee shall allow the DSP to perform an inspection under this section.

85 Del. Laws, c. 467, § 1; 

85 Del. Laws, c. 467, § 1;