Bill Text: DE SB39 | 2011-2012 | 146th General Assembly | Draft

Delaware Senate Bill 39 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Sale, Purchase, Delivery And Transfer Of Firearms At Firearms Shows.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2011-03-29 - Assigned to Judiciary Committee in Senate [SB39 Detail]

Download: Delaware-2011-SB39-Draft.html

SPONSOR:	Sen. McDowell
	Sens. Henry, Sokola & Sorenson; Reps. Barbieri, Bolden, Heffernan, Jaques, Keeley, Longhurst, Mitchell, Schooley, Schwartzkopf, Scott, B. Short, D.E. Williams & D.P. Williams

DELAWARE STATE SENATE

146th GENERAL ASSEMBLY

SENATE BILL NO. 39

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE SALE, PURCHASE, DELIVERY AND TRANSFER OF FIREARMS AT FIREARMS SHOWS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 5, Title 11 of the Delaware Code by adding a new Section 1448B to state as follows:

"�1448B. Criminal history record checks for sales of firearms at firearms shows.

(a) No firearms show vendor, as defined in subparagraph (c)(1), shall sell, deliver or transfer a firearm at a firearms show, as defined in subparagraph (c)(2), unless the firearms show vendor has obtained verification from a licensed dealer that information on the prospective purchaser or transferee has been submitted for a criminal history record check in accordance with �1448A and the licensed dealer has determined that the prospective purchaser or transferee is not prohibited under state and federal law from possessing a firearm.

(b) At the request of a firearms show vendor, any licensed dealer, as defined in subparagraph (d)(3), may facilitate the transfer of a firearm, as defined in §22 of this title, to an unlicensed person at a firearms show pursuant to the following procedure:

(1) The seller and prospective buyer or transferee shall inform the dealer of their desire to avail themselves of the advantages of the procedure set forth herein.

(2) The licensed dealer shall then subject the prospective buyer or transferee to a criminal history record check pursuant to the terms of �1448A hereunder.

(3) In the event that said record check reveals that the prospective buyer or transferee is prohibited from possessing, purchasing or owning a firearm pursuant to �1448A, the licensed dealer shall so inform both parties of that fact and the transfer shall not take place.

(4) Any licensed dealer who is asked to facilitate the transfer of a firearm pursuant to the terms of this section may charge a reasonable fee for said service, said fee not to exceed $35 per criminal history check performed pursuant to this procedure.

(1) Any firearms show vendor or employee thereof who willfully and intentionally sells, delivers or transfers a firearm in violation of this section shall be guilty of a class A misdemeanor.Second or subsequent offenses shall be a class G felony.

(2) Any licensed dealer or employee thereof who willfully and intentionally sells, delivers or transfers a firearm in violation of this section shall be guilty of a class A misdemeanor.Second or subsequent offenses shall be a class G felony.

(3) Any licensed dealer or employee thereof who willfully and intentionally requests a criminal history record check for any purpose other than compliance with this section or �1448A of this title, or who willfully and intentionally disseminates any criminal history record information to any person other than the subject of such information, shall be guilty of a class A misdemeanor.

(4) Any person who, in connection with the purchase, transfer, or attempted purchase or transfer of a firearm pursuant to subsection (a) of this section, willfully and intentionally makes any materially false oral or written statement or willfully and intentionally furnishes or exhibits any false identification intended or likely to deceive the dealer or firearms show vendor shall be guilty of a class G felony.

(d) For purposes of this section:

(1) "Firearms show" means the entire premises, including but not limited to parking areas, of any temporary gathering or exhibition, open to the public, conducted principally for the purposes of exchanging, selling or trading firearms as defined in §22 of this title.

(2) "Firearms show vendor" means any person who is not a licensed dealer who exhibits, sells, offers for sale, transfers, or exchanges any firearm at a firearms show.

(3) "Licensed dealer" or "dealer" means any person licensed as a deadly weapons dealer pursuant to Chapter 9 of Title 24 and 18 U.S.C. � 921 et seq.

(e) The Superior Court shall have exclusive jurisdiction over offenses under this section."

SYNOPSIS

This bill would close the "gun show loophole" by requiring firearms vendors to have a licensed firearms dealer perform a background check prior to the sale, delivery or transfer of any firearm at a firearms show.For first offenses, firearms show vendors and licensed dealers who willfully and intentionally violate the law will be guilty of a class A misdemeanor.Additional offenses are a class G felony.Potential purchasers or transferees who willfully and intentionally make false statements or present false identification will be guilty of a class G felony.

Author: Senator McDowell