Delaware Code Title 11 Sec. 8572 – SBI as point of contact for NICS, entity to conduct required …
(a) (1) The SBI shall serve as the NICS POC for this State.
(2) Except as provided by other laws of this State, SBI’s NICS POC operations are governed by and shall strictly adhere to 28 C.F.R. part 25 and the NICS POC Guidelines.
Terms Used In Delaware Code Title 11 Sec. 8572
- FFL: means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives as a manufacturer, importer, or dealer of firearms. See Delaware Code Title 11 Sec. 8571
- Firearm: means as defined under 18 U. See Delaware Code Title 11 Sec. 8571
- NICS: means the National Instant Criminal Background Check System. See Delaware Code Title 11 Sec. 8571
- NICS POC: means as point of contact is defined under this section. See Delaware Code Title 11 Sec. 8571
- NICS POC Guidelines: means the guidelines established and published by the federal government for the operation and implementation of the NICS program by a POC agency. See Delaware Code Title 11 Sec. 8571
- POC: means a state or local law-enforcement agency serving as an intermediary between an FFL and the federal databases checked by NICS. See Delaware Code Title 11 Sec. 8571
- SBI: means the State Bureau of Identification of the Delaware State Police. See Delaware Code Title 11 Sec. 8571
- 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
(b) The SBI shall conduct background checks required for the lawful sale, transfer, or delivery of firearms under federal law and the law of this State, including under §§ 1448A and 1448B of this title, that occur within this State.
(c) (1) The SBI shall establish a toll-free telephone number that must be operational between the hours of 9:00 a.m. and 9:00 p.m. local time, Monday through Saturday, and 9:00 a.m. and 5:00 p.m. local time, Sunday, to respond to inquiries from FFLs for background checks required under subsection (b) of this section. The SBI may establish another electronic means to respond to inquiries from FFLs for background checks required under subsection (b) of this section in addition to a toll-free telephone number.
(2) Notwithstanding paragraph (c)(1) of this section, the telephone number may, but need not be, operational on Thanksgiving Day, Christmas Day, Good Friday, or on Easter Sunday.
(3) The SBI shall employ and maintain personnel as necessary to effectively and efficiently administer this subchapter and to otherwise effectively serve as this State’s federal NICS POC.
(d) On receipt of a request for a background check required under paragraph (c)(1) of this section, SBI shall do all of the following:
(1) Transmit a request for a background check to the Federal Bureau of Investigation, NICS Section, and search other available databases to determine if the potential buyer or transferee is prohibited from receipt or possession of a firearm under § 1448 of this title or federal law.
(2) After receipt of a response from the Federal Bureau of Investigation, NICS Section, and the completion of its search of other available databases, inform the FFL making the inquiry of 1 of the following:
a. That the potential buyer or transferee is prohibited from receipt or possession of a firearm under § 1448 of this title or federal law.
b. That the FFL may proceed with the sale, transfer, or delivery of the firearm may proceed with the process for issuing a license to carry concealed deadly weapons. SBI shall provide the FFL with a unique approval number.
(e) If electronic failure or similar emergency beyond the control of the SBI occurs, the SBI shall immediately notify a requesting FFL of the reason for, and estimated length of, the delay. After a notification under this subsection, the SBI shall inform the FFL making the inquiry of 1 of the following no later than the end of the third business day following a request for a background check by the FFL:
(1) That the potential buyer or transferee is prohibited from receipt or possession of a firearm under § 1448 of this title or federal law.
(2) That the FFL may proceed with the sale, transfer, or delivery of the firearm. SBI shall provide the FFL with a unique approval number.
(f) The SBI may promulgate regulations necessary to administer and enforce this section.