Passed Delaware Firearm Legislation HB35
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 - Click on description to view vote roll call
House Third Reading
Senate Third Reading
Senate Third Reading
Link: link to state bill page
