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Passed Delaware Gun Law HB35

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Legislation Overview

Title: An Act To Amend Title 11 And Title 24 Of The Delaware Code Relating To Criminal History Background Checks In Connection With The Sale Or Transfer Of Firearms.

Description: Federally licensed firearms dealers (FFLs) are required to perform criminal history background checks on prospective firearms purchasers. However, when the sale or transfer of a firearm does not involve a licensed dealer, no background check is required. This is an enormous loophole—one in which convicted felons, minors and other prohibited purchasers can readily avoid background checks and more easily acquire guns. This bill would require that a criminal history background check be performed in connection with the sale or transfer of all firearms, with a few exceptions noted below. Background checks would be performed by licensed firearms dealers, who are already required to conduct a background check whenever they sell a firearm or when requested by private parties. Dealers would be required to maintain records of such background checks in accordance with state and federal law. Background checks would not be required in private party transactions (1) in which the buyer or transferee is a member of the seller or transferor’s immediate family (parent, grandparent, child, grandchild, sibling or spouse); (2) involving antique firearms and certain replicas thereof; (3) involving the return by a licensed pawnbroker of a firearm to the person from whom it was received; or (4) involving qualified active duty and retired law-enforcement officers. Persons who violate this act would be guilty of a class A misdemeanor for a first offense. Any subsequent offense would be a class G felony.

Session: 147th General Assembly

Last Action: Signed by Governor

Last Action Date: May 8, 2013

Sponsors

Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.

18 sponsors: Longhurst; McDowell;Michael A. Barbieri; Paul S. Baumbach;Stephanie T. Bolden; Debra J. Heffernan; Mitchell;Edward S. Osienski; Schwartzkopf; Scott;B. Short;Viola; K. Williams;Henry; Karen E. Peterson; Nicole Poore;Sokola; Bryan Townsend

Percentage of House Of Representatives sponsoring bill: 44% (18 of 41)

History
Chamber Date Action
House May 8, 2013 Signed by Governor
Senate Apr 18, 2013 Passed by Senate. Votes: Passed 13 YES 8 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Senate Apr 18, 2013 Amendment SA 1 - Defeated by Senate. Votes: Defeated 7 YES 13 NO 1 NOT VOTING 0 ABSENT 0 VACANT
Senate Apr 18, 2013 Amendment SA 1 defeated
Senate Apr 18, 2013 Amendment SA 1 - Introduced in Senate
Senate Apr 17, 2013 Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits, 1 Unfavorable
Senate Apr 11, 2013 Assigned to Judiciary Committee in Senate
House Mar 28, 2013 Amendment HA 4 - Passed in House by Voice Vote
House Mar 28, 2013 Amendment HA 6 - Passed in House by Voice Vote
House Mar 28, 2013 Amendment HA 1 to HA 7 - Passed in House by Voice Vote
House Mar 28, 2013 Amendment HA 7 - Passed in House by Voice Vote
House Mar 28, 2013 Amendment HA 8 - Passed in House by Voice Vote
House Mar 28, 2013 Amendment HA 9 - Passed in House by Voice Vote
House Mar 28, 2013 Amendment HA 10 - Passed in House by Voice Vote
House Mar 28, 2013 Amendment HA 11 defeated
House Mar 28, 2013 Amendment HA 11 - Defeated in House by Voice Vote
House Mar 28, 2013 Passed by House of Representatives. Votes: Passed 24 YES 17 NO 0 NOT VOTING 0 ABSENT 0 VACANT
House Mar 28, 2013 Amendment HA 1 to HA 7 - Introduced and Placed With Bill
House Mar 28, 2013 Amendment HA 1 to HA 6 - Introduced and Placed With Bill
House Mar 28, 2013 Amendment HA 2 to HA 6 - Introduced and Placed With Bill
House Mar 28, 2013 Amendment HA 8 - Introduced and Placed With Bill
House Mar 28, 2013 Amendment HA 9 - Introduced and Placed With Bill
House Mar 28, 2013 Amendment HA 10 - Introduced and Placed With Bill
House Mar 28, 2013 Amendment HA 11 - Introduced and Placed With Bill
House Mar 28, 2013 Amendment HA 1 - Passed in House by Voice Vote
House Mar 28, 2013 Amendment HA 2 - Passed by House of Representatives. Votes: Passed 32 YES 8 NO 0 NOT VOTING 1 ABSENT 0 VACANT
House Mar 28, 2013 Amendment HA 3 - Passed in House by Voice Vote
House Mar 28, 2013 Amendment HA 5 - Passed in House by Voice Vote
House Mar 28, 2013 Amendment HA 1 to HA 6 - Passed in House by Voice Vote
House Mar 28, 2013 Amendment HA 2 to HA 6 - Passed in House by Voice Vote
House Mar 27, 2013 Amendment HA 7 - Introduced and Placed With Bill
House Mar 27, 2013 Amendment HA 6 - Introduced and Placed With Bill
House Mar 27, 2013 Amendment HA 5 - Introduced and Placed With Bill
House Mar 27, 2013 Amendment HA 4 - Introduced and Placed With Bill
House Mar 27, 2013 Amendment HA 3 - Introduced and Placed With Bill
House Mar 27, 2013 Amendment HA 2 - Introduced and Placed With Bill
House Mar 20, 2013 Reported Out of Committee (JUDICIARY) in House with 6 On Its Merits
House Mar 14, 2013 Amendment HA 1 - Introduced and Placed With Bill
House Mar 7, 2013 Introduced and Assigned to Judiciary Committee in House
Texts
Type Date State Link Text
Engrossed Apr 18, 2013 state link bill text
Draft Mar 7, 2013 state link bill text
Amendments
Title Description Date State Link Text Adopted
There are no amendments to this bill at this time
Votes

House Third Reading

Senate Third Reading

Senate Third Reading

Link: http://legis.delaware.gov/LIS/lis147.nsf/2bede841c6272c888025698400433a04/f7a47c4b3d16bd7a85257b24005be475?OpenDocument

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