Delaware Code Title 11 Sec. 1448B – Background checks for sales of firearms — Unlicensed persons
(a) An unlicensed person may not sell or transfer any firearm to any other unlicensed person without having conducted a background check through a licensed firearms dealer in accordance with § 1448A of this title and § 904A of Title 24 to determine whether the sale or transfer would be in violation of federal or state law, and until the licensed firearms dealer has been informed that the sale or transfer of the firearm may “proceed” by the State Bureau of Identification, through the Firearm Transaction Approval Program under subchapter VI of Chapter 85 of this title or 25 days have elapsed from the date of the request for a background check and a denial has not occurred.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class G felony | up to 2 years | |
| Class A misdemeanor | up to 1 year | up to $2,300 |
Terms Used In Delaware Code Title 11 Sec. 1448B
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Trustee: A person or institution holding and administering property in trust.
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
(b) For purposes of this section:
(1) “Licensed dealer” means any person licensed as a deadly weapons dealer under Chapter 9 of Title 24 and 18 U.S.C. § 921 et seq.
(2) “Firearm” means as defined under § 8571 of Title 11.
(3) “Prospective buyer” includes a prospective transferee.
(4) “Prospective seller” includes a prospective transferor.
(5) “Transfer” means assigning, pledging, leasing, loaning, giving away, or otherwise disposing of, but does not include any of the following:
a. The loan of a firearm for any lawful purpose, for a period of 14 days or less, by the owner of the firearm to a person known personally to the owner.
b. A temporary transfer for any lawful purpose that occurs while in the continuous presence of the owner of the firearm, if the temporary transfer does not exceed 24 hours in duration.
c. The transfer of a firearm for repair, service, or modification to a licensed gunsmith or other person lawfully engaged in such activities as a regular course of trade or business.
d. A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will.
(6) “Unlicensed person” means any person who is not a licensed importer, licensed manufacturer or licensed dealer.
(c) This section does not apply to any of the following:
(1) Transactions in which the prospective buyer is a parent, mother-in-law, father-in-law, stepparent, legal guardian, grandparent, child, daughter-in-law, son-in-law, stepchild, grandchild, sibling, sister-in-law, brother-in-law, spouse, or civil union partner of the seller or transferor.
(2) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898.
(3) Any replica of any firearm described in paragraph (c)(2) of this section if the replica meets 1 of the following:
a. Is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition.
b. Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
(4) Any muzzle-loading firearm designed for hunting or competitive shooting not requiring a criminal background check under federal law.
(5) Transactions in which the prospective buyer is a qualified law-enforcement officer, as defined in § 1441A of this title, or a qualified retired law-enforcement officer, as defined in § 1441B of this title.
(6) Transactions in which the prospective buyer holds a current and valid concealed carry permit issued by the Superior Court under § 1441 of this title.
(7) Transactions in which the prospective buyer is a bona fide member or adherent of an organized church or religious group, the tenets of which prohibit photographic identification. Notwithstanding this paragraph (c)(7), an unlicensed person may not sell or transfer any firearm to the prospective buyer without having a background check conducted under subsection (f) of this section to determine whether the sale or transfer would be in violation of federal or state law.
(8) Transactions involving the sale or transfer of a curio or relic to a licensed collector, as such terms are defined in 27 C.F.R. § 478.11.
(9) Transactions involving the sale or transfer of a firearm to an authorized representative of the State or any subdivision thereof as part of an authorized voluntary gun buyback program.
(d) Notwithstanding anything to the contrary in this section, a fee for a background check may not be charged for the return of a firearm to its owner that has been repaired, serviced, or modified by a licensed gunsmith or other person lawfully engaged in such activities as a regular course of trade or business.
(e) Any person who knowingly sells or transfers a firearm in violation of this section is guilty of a class A misdemeanor. Any subsequent offense is a class G felony. The Superior Court has exclusive jurisdiction for all offenses under this section.
(f) The State Bureau of Identification (the “Bureau” ) shall facilitate the sale or transfer of any firearm in which the prospective buyer is a bona fide member or adherent of an organized church or religious group, the tenets of which prohibit photographic identification, under the following procedure:
(1) The prospective buyer and prospective seller shall jointly appear at the Bureau during regular hours of business, and shall inform the Bureau of their desire to avail themselves of this section. The actual cost of the background check must be paid by either the prospective buyer or prospective seller.
(2) The prospective buyer shall submit fingerprints and other necessary information to complete a background check under the Firearm Transaction Approval Program under subchapter VI of Chapter 85 of this title. In addition, the prospective buyer shall submit to the Bureau a signed affidavit stating that photographic identification conflicts with the tenets of an organized church or religious group of which the prospective buyer is a bona fide member.
(3) If the background check under paragraph (f)(2) of this section reveals that the prospective buyer is prohibited from possessing, purchasing, or owning a firearm, the Bureau shall inform the prospective buyer and prospective seller of that fact and the transfer may not take place.
(4) The Bureau shall maintain a record of all background checks conducted under this section to the same extent as is required of licensed dealers under Chapter 9 of Title 24.
(5) The Bureau may promulgate such reasonable forms and regulations consistent with federal law, as may be necessary or desirable to administer and enforce this subsection.
79 Del. Laws, c. 20, § ?1; 70 Del. Laws, c. 186, § ?1; 80 Del. Laws, c. 273, § 2; 81 Del. Laws, c. 79, § 14; 83 Del. Laws, c. 330, § 3;