HB 423

  • Delaware House Bill
  • 151st General Assembly (2021-2022)
  • Introduced in House May 13, 2022
  • House
  • Senate
  • Governor

An Act To Amend Titles 11, 16, 24, And 29 Of The Delaware Code Relating To Background Checks For Firearms Sale, Transfer, Or Concealed Carry Permit.

Abstract

Federal law permits states to require federal firearms licensees (FFLs) to conduct background checks through a state agency, or point of contact, instead of directly through the National Instant Criminal Background Check System (NICS). This Act creates the Firearm Transaction Approval Program (FTAP) within the State Bureau of Identification (SBI) of the Delaware State Police and designates the SBI's FTAP as the point of contact between an FFL and the federal databases checked by the Federal Bureau of Investigation for purposes of conducting background checks for firearm purchases or transfers. By establishing SBI as the point of contact for all firearm purchases or transfers in this State, SBI becomes responsible for determining if a potential buyer or transferee is prohibited from receipt or possession of a firearm under ยง 1448 of Title 11 of the Delaware Code or federal law. This enables SBI to search other databases in addition to relying on the required NICS check, enhancing background checks conducted in this State. This Act enables firearms dealers who suspect a straw purchase has or is occurring to notify SBI using the same hotline that is established for background checks through FTAP. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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May 13, 2022

House

Introduced and Assigned to Public Safety & Homeland Security Committee in House

  • Introduction
  • Referral-Committee
Public Safety & Homeland Security

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